{
  "id": 5389228,
  "name": "David G. Geraghty, Plaintiff in Error, v. National Fire Proofing Company, Defendant in Error",
  "name_abbreviation": "Geraghty v. National Fire Proofing Co.",
  "decision_date": "1914-10-06",
  "docket_number": "Gen. No. 19,709",
  "first_page": "447",
  "last_page": "448",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ill. App. 447"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "157 Ill. App. 308",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2709650
      ],
      "pin_cites": [
        {
          "page": "309"
        }
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/157/0308-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 202,
    "char_count": 2864,
    "ocr_confidence": 0.563,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.1587760521945488
    },
    "sha256": "b981ed107887a57c0561289707b1b317e80deb750fea24a1224a23c548c5b8f1",
    "simhash": "1:8ef2bbbe1b0dd2bc",
    "word_count": 469
  },
  "last_updated": "2023-07-14T18:17:45.032867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David G. Geraghty, Plaintiff in Error, v. National Fire Proofing Company, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Bice, Lowes & 0 \u2019Neil, for plaintiff in error.",
      "Frank M. Cox and B. J. Fellingham, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "David G. Geraghty, Plaintiff in Error, v. National Fire Proofing Company, Defendant in Error.\nGen. No. 19,709.\n(Not to he reported in full.)\nError to the Superior Court o\u00a3 Cook county; the Hon. Theodore Bbentano, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed October 6, 1914.\nStatement of the Case.\nAction by David G. Geraghty against National Fire Proofing Company to recov\u00e9r for personal injuries' sustained by plaintiff. In a former trial plaintiff recovered a joint judgment against the defendant and the William Grace Company and on appeal the judgment was reversed with a finding of fact in favor of the William Grace Company, and directions for a new trial as to the defendant, the National Fire Proofing Company. The second trial resulted in a judgment in favor of the defendant and to reverse the judgment plaintiff prosecutes error. See 157 Ill. App. 308, 309.\nAbstract of the Decision.\n1. Appeal and ebbob, \u00a7 1818 \u2014conclusiveness of decision on former appeal. The giving of an instruction calling upon the jury to readjudicate a question which was raised and decided on a former appeal, held error.\n2. Negligence, \u00a7 222*\u2014when instruction erroneous as ignoring question of defendant\u2019s negligence. In an action for personal injuries where the suit was brought against a company other than plaintiff\u2019s employer, an instruction telling the jury that if they believed from the evidence that plaintiff\u2019s employer was negligent and that said negligence was the proximate cause of the injury they should find the defendant not guilty, held erroneous and the giving of the same reversible error, for the reason that it required the jury to ignore the question of defendant\u2019s negligence and the fact that it may have been concurrently negligent even if the proximate cause of the injury was the negligence of plaintiff\u2019s employer.\n3. Instetjctions, \u00a7 81*\u2014when erroneous as singling out facts. An instruction which improperly singles out one fact in the chain of the evidence for the consideration of the jury is erroneous.\nOne of the grounds relied on for reversal is the giving of the following instruction:\n\u201cIf you believe from all the evidence in this case that the plaintiff\u2019s employer, the William G-race Company, was negligent in failing to exercise reasonable care in furnishing the plaintiff a reasonably safe place to work at the time of the accident, and that said negligence was the proximate cause of the injury complained of, then you should find the defendant, National Fire Proofing Company, not guilty.\u201d\nBice, Lowes & 0 \u2019Neil, for plaintiff in error.\nFrank M. Cox and B. J. Fellingham, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0447-01",
  "first_page_order": 467,
  "last_page_order": 468
}