{
  "id": 2882650,
  "name": "Edwin L. Foell, Appellant, v. Christ Rasmussen, Appellee",
  "name_abbreviation": "Foell v. Rasmussen",
  "decision_date": "1915-04-16",
  "docket_number": "",
  "first_page": "609",
  "last_page": "610",
  "citations": [
    {
      "type": "official",
      "cite": "193 Ill. App. 609"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 183,
    "char_count": 2141,
    "ocr_confidence": 0.527,
    "pagerank": {
      "raw": 6.087085966315723e-08,
      "percentile": 0.3777218285699282
    },
    "sha256": "851dfffbbd66045c1c9fb90d7a0b7c567823524e3541edbc6228f267b0ecb270",
    "simhash": "1:c3c6c1b65a0e26c0",
    "word_count": 370
  },
  "last_updated": "2023-07-14T21:10:43.610055+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Edwin L. Foell, Appellant, v. Christ Rasmussen, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the\ncourt.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "William A. Kane, for appellant.",
      "John E. Hogan, for appellee."
    ],
    "corrections": "",
    "head_matter": "Edwin L. Foell, Appellant, v. Christ Rasmussen, Appellee.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Christian county; the Hon. James C. McBride, Judge, presiding.\nHeard in this court at the October term, 1914..\nReversed and remanded.\nOpinion filed April 16, 1915.\nAbstract of the Decision.\n1. Appeal and eeeob, \u00a7 384 -L^when objection essential to review. Evidence admitted without objection will not be reviewed on appeal.\n2. Weapons, \u00a7 1*\u2014when answerable for accidental discharge of gun. Where, while the plaintiff and defendant were hunting together, the latter\u2019s gun, as he was turning in the direction of the plaintiff in order to shoot at a rabbit, was discharged to the plaintiff\u2019s injury, when the defendant\u2019s thumb, which was numb with cold, slipped from the hammer of. the gun, held that the accident was due to the negligence of the defendant in pointing the loaded weapon towards the plaintiff.\n3. Weapons, \u00a7 1*\u2014burden to show accidental discharge of gun. Where a person is injured by the discharge of a gun in the hands of and under the exclusive control of another, the burden rests on the latter to prove that he was without fault.\nStatement of the Case.\nAction on the case brought by Edwin L. Foell against Christ Rasmussen to recover damages for the loss of a leg caused by the discharge of a gun in the defendant\u2019s hands. From a verdict and judgment in favor of the defendant, the plaintiff appeals.\nThe evidence showed that the appellant and appellee with others were hunting together during cold weather; that the former shot at and missed a rabbit, and that the appellee, who was within a few feet from and in plain sight of the appellant, turned to shoot at it, pulling back the hammer of his gun as he did so, when the hammer slipped from his numbed thumb and the gun was discharged, when it was in range of the appellant\u2019s leg, inflicting a wound which necessitated amputation.\nWilliam A. Kane, for appellant.\nJohn E. Hogan, for appellee.\nSee Illinois Notes Digest, Yols. XI to XY, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0609-01",
  "first_page_order": 631,
  "last_page_order": 632
}