{
  "id": 5389552,
  "name": "Clay Frechett, Administrator, Appellee, v. Illinois Central Railroad Company, Appellant",
  "name_abbreviation": "Frechett v. Illinois Central Railroad",
  "decision_date": "1914-07-28",
  "docket_number": "",
  "first_page": "377",
  "last_page": "380",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ill. App. 377"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T18:17:45.032867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Clay Frechett, Administrator, Appellee, v. Illinois Central Railroad Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Harris\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Pleading, \u00a7 466 \u2014when defective count in declaration sufficient after verdict. A count in a declaration which states a good cause of action in a defective way is good after verdict.\n2. Railroads, \u00a7 583*\u2014when evidence of wanton or toilful negligence sufficient to go to fury. In an action against a railroad company to recover for the death of a pedestrian alleged to have been struck by one of defendant\u2019s through trains while the deceased was attempting to cross defendant\u2019s tracks near its depot, evidence held sufficient to go to the jury on the question whether the defendant was guilty of wanton and willful negligence, it appearing that at the place where deceased attempted to cross the tracks the defendant had constructed a cinder path leading up to its tracks, and that the engine was running at a high and dangerous rate of speed, without a headlight or a hell being rung.\n3. Railroads, \u00a7 577*\u2014admissibility of evidence. In an action against a railroad company for wrongfully causing the death of plaintiff\u2019s intestate alleged to have resulted through the negligent operation of defendant\u2019s train so as to strike the deceased when he was attempting to cross defendant\u2019s tracks at a point near defendant\u2019s depot,, evidence as to the locality, streets and cross-streets, location of depot and acts of the defendant in the building of a cinder walk, tending to prove that the travel of such way was by the defendant\u2019s invitation, held properly admitted.\n4. Railroads, \u00a7 593*\u2014when instruction as to wilful and wanton negligence erroneous. In an action against a railroad company to recover for the death of a pedestrian alleged to have been caused by being struck by one of defendant\u2019s trains while deceased was attempting to cross defendant\u2019s railroad tracks, an instruction directing the jury to find for plaintiff if they believed from the evidence that the defendant carelessly and negligently operated its train in the manner and form as charged in the declaration and that such negligence amounted to wanton and wilful negligence, held erroneous as not confining the jury to a count in the declaration in which wanton and wilful negligence was charged and also objectionable as not stating the facts that constitute wanton and wilful negligence.\n5. Death, \u00a7 73*\u2014when instruction on question of damages objectionable. In an action for death resulting from wrongful act, an instruction stating that the plaintiff is not required \u201cto furnish, in the proofs, any definite or specific basis for the computation of, said damages, hut that such question is for the jury to determine as practical men according to the evidence and all the facts and circumstances proven in the case,\u201d held objectionable as not limiting the pecuniary injuries resulting to the widow and next of kin, and the giving of the instruction held reversible error.",
        "type": "majority",
        "author": "Mr. Justice Harris"
      }
    ],
    "attorneys": [
      "L. M. Bradley, W. W. Barb and Charles E. Feirich, for appellant; Blewett Lee and W. S. Horton, of counsel.",
      "Wall & Martin and James Lingle, for appellee."
    ],
    "corrections": "",
    "head_matter": "Clay Frechett, Administrator, Appellee, v. Illinois Central Railroad Company, Appellant.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Pulaski county; the Hon. William N. Butleb, Judge, presiding. Heard in this court at the March term, 1914.\nReversed and remanded.\nOpinion filed July 28, 1914.\nStatement of the Case.\nAction by Clay Frechett, administrator of the estate of Lewis W. Johnston, deceased, against the Illinois Central Railroad Company to recover for wrongfully causing the death of deceased.\nThe declaration consisted of five counts which are distinguished as follows:\nThe first count simply charges negligence in the handling of the train run at excessive rate of speed in the nighttime, without bell or whistle being sounded and without a headlight.\nThe second count, and the count under which defendant was found guilty, charges that the railroad of defendant crossed a certain traveled way in said village used by the public as a crossing for pedestrians at a point a short distance north of the passenger station at Ullin and had been so used for fifteen years, and as deceased was traveling as heretofore mentioned, defendant, by its servants, as heretofore mentioned drove a certain train towards the traveled way and while deceased was rightfully traveling upon said traveled way defendant willfully, wantonly and negligently drove and managed said train in that the locomotive was without a headlight, although dark, and was run at a reckless and dangerous speed in Ullin, to wit, forty-five miles per hour, and no bell or whistle sounded, and that by and through the carelessness, wantonness and willful negligence Johnston was killed.\nThe third count charges the traveled way. was used by the public by and with consent, acquiescence and invitation of defendant, in other respects similar to the first count.\nThe fourth count charges a public highway to be at the place where Johnston was killed and negligent operation as in the first count.\nThe fifth count also charges a public highway and failure to give statutory signals.\nDefendant to this declaration filed the plea of not guilty, and upon trial of the issues so joined by a jury a verdict was returned finding defendant guilty as charged in the second count of the declaration and fixing plaintiff\u2019s damages at the sum of eight thousand dollars. A motion for new trial was overruled. Prom a judgment entered on the verdict, defendant appeals.\nThe facts show that at the place where the deceased was struck by the train the defendant had constructed a cinder walk leading up to its tracks nearly opposite its depot, that the walk had been used by pedestrians and that the deceased on the morning of the accident, before daylight, left his residence to go to his place of business and proceeded along this walk until he came to defendant\u2019s tracks and when he attempted to cross the tracks was struck by a through train. There was a controverted question of fact as to the time of the accident and as to what train struck deceased.\nL. M. Bradley, W. W. Barb and Charles E. Feirich, for appellant; Blewett Lee and W. S. Horton, of counsel.\nWall & Martin and James Lingle, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0377-01",
  "first_page_order": 397,
  "last_page_order": 400
}