{
  "id": 5378080,
  "name": "Silas Williams, Administrator, Appellee, v. Mt. Vernon Car Manufacturing Company, Appellant",
  "name_abbreviation": "Williams v. Mt. Vernon Car Manufacturing Co.",
  "decision_date": "1915-12-01",
  "docket_number": "",
  "first_page": "271",
  "last_page": "272",
  "citations": [
    {
      "type": "official",
      "cite": "197 Ill. App. 271"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 191,
    "char_count": 2724,
    "ocr_confidence": 0.522,
    "sha256": "383728a5a3e18fc3a7cd23390892ac5163c462ce8587d05e01ef4c1034b9bae8",
    "simhash": "1:53c0a59484a526c0",
    "word_count": 435
  },
  "last_updated": "2023-07-14T16:24:45.151974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Silas Williams, Administrator, Appellee, v. Mt. Vernon Car Manufacturing Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McBride\ndelivered the opinion of the court.\n2. Negligence, \u00a7 216*-\u2014when instruction on negligence as modified invades province of jury. In a personal injury action based on the defendant\u2019s negligence, it is erroneous for the court to substitute the word \u201cmay\u201d for \u201cshould\u201d in the defendant\u2019s instruction, reciting the negligence charged in the declaration, seeking to confine the negligence to that alleged and charging the jury that unless the negligence was of the character so described and alleged in the declaration they should find \"the defendant not guilty, inasmuch as by such modification the discretion of the jury was substituted for their duty.\n3. Death, \u00a7 73*\u2014when instruction erroneous as not limiting damages to pecuniary damages resulting from death. An instruction in an action for causing the death of the plaintiff\u2019s intestate, that the plaintiff is entitled to recover \u201cfor the exclusive benefit of the widow and next of kin of the deceased, such damages as the jury may believe from the evidence the said widow and next of kin have sustained by reason of said death, not to exceed in all, however, the sum of ten thousand dollars,\u201d is erroneous in not limiting the damages to the pecuniary damages resulting from the death.",
        "type": "majority",
        "author": "Mr. Justice McBride"
      }
    ],
    "attorneys": [
      "G. Gale Gilbert, for appellant.",
      "Hart & Williams, Conrad Sohul and Moses Pulverman, for appellee."
    ],
    "corrections": "",
    "head_matter": "Silas Williams, Administrator, Appellee, v. Mt. Vernon Car Manufacturing Company, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Negligence, \u00a7 221 \u2014when instruction not confining jury to negligence alleged erroneous. In an action to recover for personal injuries caused by the negligence of the defendant, an instruction which fails to confine the jury to the particular negligence alleged in the declaration as the cause of the injury sustained, but allows them to base their finding upon any character of negligence shown by the evidence, is erroneous.\nAppeal from the Circuit Court of Jefferson county; the Hon. William H. Green, Judge, presiding.\nHeard in this court at the March term, 1915.\nReversed and remanded.\nOpinion filed December 1, 1915.\nStatement of the Case.\nAction by Silas Williams, administrator of the estate of Willie Williams, plaintiff, against the Mt. Vernon Car Manufacturing Company, defendant, for causing the death of the plaintiff\u2019s intestate. From a judgment for plaintiff, defendant appeals.\nAs alleged, the death was caused by the negligence of the defendant in shifting cars upon the tracks in its manufacturing plant without giving proper warnings, whereby the deceased, an employee, was crushed between the cars.\nG. Gale Gilbert, for appellant.\nHart & Williams, Conrad Sohul and Moses Pulverman, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0271-01",
  "first_page_order": 293,
  "last_page_order": 294
}