{
  "id": 2848536,
  "name": "H. W. Baethke, Administrator, Appellee, v. The Aurora, Elgin & Chicago Railroad Company, Appellant",
  "name_abbreviation": "Baethke v. Aurora, Elgin & Chicago Railroad",
  "decision_date": "1914-03-09",
  "docket_number": "Gen. No. 18,798",
  "first_page": "270",
  "last_page": "271",
  "citations": [
    {
      "type": "official",
      "cite": "185 Ill. App. 270"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "163 Ill. App. 30",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2739335
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/163/0030-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2086,
    "ocr_confidence": 0.524,
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    "simhash": "1:0b6776541289a7dd",
    "word_count": 356
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  "last_updated": "2023-07-14T19:43:38.716309+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "H. W. Baethke, Administrator, Appellee, v. The Aurora, Elgin & Chicago Railroad Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr.. Presiding Justice \"Baker\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr.. Presiding Justice \"Baker"
      }
    ],
    "attorneys": [
      "Hopkins, Peppers & Hopkins, for appellant.",
      "Stephen Janowioz, William Q-. Wood and Cyrus J. Wood, for appellee."
    ],
    "corrections": "",
    "head_matter": "H. W. Baethke, Administrator, Appellee, v. The Aurora, Elgin & Chicago Railroad Company, Appellant.\nGen. No. 18,798.\n(Not to he reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding.\nHeard in this court at the October term, 1912.\nAffirmed.\nOpinion filed March 9, 1914.\nStatement of the Case.\nAction by H. W. Baethke, administrator of the estate of John Barnowski, deceased, against The Aurora, Elgin & Chicago Railroad Company, a corporation, to recover damages for causing the death of deceased. From a judgment in favor of plaintiff, defendant appeals.\nA judgment on a directed verdict of not guilty was reversed in Baethke v. Aurora, E. & C. R. Co., 163 Ill. App. 30. The facts in the above case are stated in-the opinion in that case.\nAbstract of the Decision.\n1. Railroads, \u00a7 567*\u2014when averments as to care of plaintiff not limited to the time of the injury. Where the counts in a declaration aver that the deceased while crossing the tracks of the defendant was in the exercise of due care for his own safety and that \u201cthrough no fault of his own\u201d he was struck and injured, etc., held, that the averments as to the exercise of care by the plaintiff was not limited to the time he was struck, so that the giving of an instruction, that if the jury found that plaintiff had made out his case as alleged in the counts in the declaration they should find the defendant guilty, was error.\n2. Appeal and error, \u00a7 1725*\u2014collusiveness of decision on former appeal. A decision of the Appellate Court on a former appeal is not conclusive on the question of contributory negligence, where the question presented on the former appeal was whether plaintiff\u2019s evidence would warrant the direction of a verdict for defendant and on the subsequent appeal the question is whether the verdict is so clearly against the evidence that the court should set it aside.\nHopkins, Peppers & Hopkins, for appellant.\nStephen Janowioz, William Q-. Wood and Cyrus J. Wood, for appellee."
  },
  "file_name": "0270-01",
  "first_page_order": 296,
  "last_page_order": 297
}