{
  "id": 5366099,
  "name": "Ida M. Heath, Appellee, v. City of Chicago, Appellant",
  "name_abbreviation": "Heath v. City of Chicago",
  "decision_date": "1914-04-21",
  "docket_number": "Gen. No. 19,321",
  "first_page": "65",
  "last_page": "67",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 65"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 228,
    "char_count": 2801,
    "ocr_confidence": 0.541,
    "sha256": "7d8ba0996c9007e4f7a4a5cb53eaf24043f3508f59fbb24cf10e2654d3576418",
    "simhash": "1:54fe06b0502a21bc",
    "word_count": 469
  },
  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ida M. Heath, Appellee, v. City of Chicago, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Clark\ndelivered the opinion of the court.\n3. Damages, \u00a7 110 \u2014when verdict for pergonal injuries not excessive. A verdict of $5,950 for personal injuries held not excessive, it appearing that the plaintiffs hip was broken and the femur fractured and there was evidence tending to show that the injuries will be permanent and that she will never be able to walk without the aid of crutches.\n4. Appeal and ebbob, \u00a7 1561 -\u2014when refusal of requested instructions not error. Refusal of requested instruction covered by other instructions held not error.",
        "type": "majority",
        "author": "Mr. Justice Clark"
      }
    ],
    "attorneys": [
      "William H. Sexton and N. L. Piotrowski, for appellant ; David R. Levy, of counsel.",
      "Elmer & Cohen, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ida M. Heath, Appellee, v. City of Chicago, Appellant.\nGen. No. 19,321.\n(Hot to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1913.\nAffirmed.\nOpinion filed April 21, 1914.\nRehearing denied May 5, 1914.\nStatement of the Case.\nAction by Ida M. Heath against City of Chicago for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in maintaining a defective and dangerous sidewalk. From a judgment in favor of plaintiff for $5,950, defendant appeals.\nThe grounds urged for reversal of the judgment are: That the verdict was against the manifest weight of the evidence; that the plaintiff was guilty of contributory negligence; that the court erroneously refused to submit two special interrogatories to the jury; and that the court erred in the giving and refusing of instructions.\nThe interrogatories claimed to have been improperly refused are as follows:\n\u201c First. Was the accident occasioned proximately by a defective plan of construction of the place in question?\nSecond. Was the place of the alleged defect in the same condition on the 17th day of February, A. D. 1911, at the time of the accident as it was at the time of the construction?\u201d\nWilliam H. Sexton and N. L. Piotrowski, for appellant ; David R. Levy, of counsel.\nElmer & Cohen, for appellee.\nAbstract of the Decision.\n1. Municipal corporations, \u00a7 1007 \u2014when city liable for injuries resulting from hole in sidewalk. In an action against a City for personal injuries resulting from plaintiff stepping into a hole in a sidewalk at the time a trap door was in course of construction, a verdict for plaintiff held sustained by the evidence.\n2. Trial, \u00a7 276 \u2014when special interrogatories may be refused. Refusal of court to submit to jury special interrogatories which do not relate to an ultimate fact, and the most that can he said of them is that they relate merely to facts that possibly might tend, more or less, to establish the ultimate facts upon which the rights of the parties depend, held not error.\nSee Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0065-01",
  "first_page_order": 111,
  "last_page_order": 113
}