{
  "id": 2964531,
  "name": "Ephram Vaughan, Appellee, v. Illinois Central Railroad Company, Appellant",
  "name_abbreviation": "Vaughan v. Illinois Central Railroad",
  "decision_date": "1916-04-21",
  "docket_number": "",
  "first_page": "241",
  "last_page": "242",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 241"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 189,
    "char_count": 2160,
    "ocr_confidence": 0.536,
    "sha256": "50656c0af9da65cc277371bad01772fe481ac77aae2ebb04d094fc4f6d68e3d8",
    "simhash": "1:8b7d4f67341cb2f8",
    "word_count": 356
  },
  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ephram Vaughan, Appellee, v. Illinois Central Railroad Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Graves\ndelivered the opinion of the court.\n4. Release, \u00a7 26 \u2014when fraud in obtaining is question for jury. Where the defendant in a personal injury action claimed that the plaintiff had executed a release of his claim, held that the question whether such release had been obtained by fraud or circumvention was for the jury.",
        "type": "majority",
        "author": "Mr. Justice Graves"
      }
    ],
    "attorneys": [
      "Frank M. Harbaugh, Edward C. Craig, Donald B. Craig, Jambs W. Craig, Jr. and John E. Jennings, for appellant; John G. Drennan, of counsel.",
      "E. J. Miller and C. R. Patterson, for appellee."
    ],
    "corrections": "",
    "head_matter": "Ephram Vaughan, Appellee, v. Illinois Central Railroad Company, Appellant.\n(Hot to be reported in full.)\nAbstract of the Decision.\n1. Damages, \u00a7 200 \u2014when instruction on measure of is erroneous. An instruction, in a personal injury action, authorizing the jury to return a verdict for the whole amount of damages shown by the evidence to have been suffered by the plaintiff, held erroneous in not directing them to allow the defendant credit for an amount which the plaintiff admitted had been paid to him by the defendant for lost time.\n2. Instructions, \u00a7 118*\u2014when should not he given. Instructions not based on the evidence should not he given.\n3. Damages, \u00a7 207*\u2014when instruction on is erroneous. Where damages are susceptible of exact measurement and proof, such as those for loss of time and inability to pursue a former occupation, \"it is error to charge the jury that they may be estimated from observation and experience.\nAppeal from the Circuit Court of Moultrie county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1915.\nReversed and remanded.\nOpinion filed April 21, 1916.\nRehearing denied June 30, 1916.\nStatement of the Case.\nAction by Ephram Vaughan, plaintiff, against the Illinois Central Railroad Company, a corporation, defendant, for damages for personal injuries sustained while riding to work on the defendant\u2019s train. From a judgment for plaintiff, defendant appeals.\nFrank M. Harbaugh, Edward C. Craig, Donald B. Craig, Jambs W. Craig, Jr. and John E. Jennings, for appellant; John G. Drennan, of counsel.\nE. J. Miller and C. R. Patterson, 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": "0241-01",
  "first_page_order": 283,
  "last_page_order": 284
}