{
  "id": 2909332,
  "name": "Lillian Eggert, Administratrix, Appellee, v. Pennsylvania Company and Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, Appellants",
  "name_abbreviation": "Eggert v. Pennsylvania Co.",
  "decision_date": "1914-10-08",
  "docket_number": "Gen. No. 19,738",
  "first_page": "58",
  "last_page": "59",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ill. App. 58"
    }
  ],
  "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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    "ocr_confidence": 0.567,
    "pagerank": {
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      "percentile": 0.2842387722218554
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    "sha256": "b36b3cee413db9d66150da456bee09719122c980da85b49715427d52364526d5",
    "simhash": "1:0a57cee0c82f6438",
    "word_count": 399
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  "last_updated": "2023-07-14T20:38:10.053698+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lillian Eggert, Administratrix, Appellee, v. Pennsylvania Company and Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the court.\n3. Automobiles and garages, \u00a7 932 \u2014when amount of verdict for injury to automobile warranted by the evidence. In an action for damages to plaintiff\u2019s automobile resulting from a collision between it and a railroad engine at a street crossing, the amount of the verdict in favor of plaintiff held supported by the evidence, where there was evidence that the reasonable value of the use of plaintiff\u2019s automobile was a certain sum per week, which when added to the cost of the repairs necessitated by the collision equaled practically the amount of the verdict.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "Loesch, Scofield & Loesch, for appellants.",
      "Guerin, Gallagher & Barrett, for appellee."
    ],
    "corrections": "",
    "head_matter": "Lillian Eggert, Administratrix, Appellee, v. Pennsylvania Company and Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company, Appellants.\nGen. No. 19,738.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Railroads, \u00a7 666 \u2014when failure to look and listen for trains not negligence as matter of law. It cannot be said as a matter of law that a person approaching a railroad crossing is in fault in failing to look and listen, if misled without his fault or where the surroundings excuse such failure.\n2. Negligence, \u00a7 228 \u2014when instruction defining ordinary care not objectionable. An instruction defining \u201cordinary care\u201d as that degree of care and caution which a reasonably prudent and cautious person would have exercised \u201cunder like circumstances,\u201d held not objectionable as confining the question of plaintiff\u2019s due care to a consideration of his situation at the precise moment of the injury.\nAppeal from the County Court of Cook county; the Hon. W. F. Slater, Judge, presiding. Heard, in the Branch Appellate Court at the October term, 1913.\nAffirmed.\nOpinion filed October 8, 1914.\nStatement of the Case.\nAction commenced by F. C. Eggert against the Pennsylvania Company and Pittsburgh, Cincinnati, Chicago & St. Louis Railway. Company to recover damages to plaintiff\u2019s automobile caused by a collision between it and one of defendants\u2019 engines at a railroad crossing in the city of Chicago. Subsequent to the commencement of the suit F. C. Eggert died, and Lillian Eggert, his administratrix, was substituted as plaintiff. From a judgment in favor of plaintiff, defendants appeal.\nLoesch, Scofield & Loesch, for appellants.\nGuerin, Gallagher & Barrett, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0058-01",
  "first_page_order": 84,
  "last_page_order": 85
}