{
  "id": 2901831,
  "name": "Mike Polionos by Peter Polionos, Appellee, v. Fred A,. Benner, Appellant",
  "name_abbreviation": "Polionos v. Benner",
  "decision_date": "1914-10-16",
  "docket_number": "",
  "first_page": "416",
  "last_page": "417",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ill. App. 416"
    }
  ],
  "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": "2023-07-14T20:39:36.956740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mike Polionos by Peter Polionos, Appellee, v. Fred A,. Benner, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Thompson"
      }
    ],
    "attorneys": [
      "Clarence E. Pope, Edward C. Knotts and Peebles & Peebles, for appellant; Robert J. Folonie, of counsel.",
      "Rinaker & Rinaker, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mike Polionos by Peter Polionos, Appellee, v. Fred A,. Benner, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Macoupin county; the Hon. Robert B. Shirley, Judge, presiding. Heard in this court at the April term, 1914.\nAffirmed.\nOpinion filed October 16, 1914.\nRehearing denied December 2, 1914.\nAbstract of the Decision.\n1. Physicians and surgeons, \u00a7 22 \u2014when evidence shows unskilful treatment. Where a fourteen-year-old boy was injured by an iron radiator falling on his leg, and the greater weight of evidence was that a reliable diagnosis of the injury could not be made without an X-ray picture, and that a surgeon made an erroneous diagnosis by mere manipulation, and gave the limb such treatment that a surgical operation was thereafter necessary, a verdict against such surgeon was not against the manifest weight of the evidence.\n2. Physicians and surgeons, \u00a7 21*\u2014what evidence admissible in action for negligent treatment. In an action against a surgeon for damages occasioned by unskilful treatment of an injured boy, evidence of what the plaintiff\u2019s father said and did when he learned of the accident to his boy was properly excluded.\n3. Trial, \u00a7 274*\u2014when irregularity in verdict immaterial. Where a jury after agreeing on a verdict used a form given, them by the court and simply wrote in such form for defendant the words, \u201ctwo hundred dollars,\u201d and signed their names and were then discharged, the verdict being received in court on the following Monday, the intention of the jury to render a verdict for the plaintiff was obvious, and the irregularity would not warrant a reversal of the judgment thereon.\nStatement of the Case.\nAction on the case by Mike Polionos, by his next friend, Peter Polionos against Fred A. Benner, a surgeon, to recover for damages alleged to have been sustained in consequence of the unskilled and negligent manner in which he treated a fracture of the bone in the right leg. A jury returned a verdict in favor of the plaintiff for two hundred dollars, on which judgment was rendered and the defendant appealed.\nClarence E. Pope, Edward C. Knotts and Peebles & Peebles, for appellant; Robert J. Folonie, of counsel.\nRinaker & Rinaker, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0416-01",
  "first_page_order": 438,
  "last_page_order": 439
}