{
  "id": 5413538,
  "name": "Fennije Vondra, Appellee, v. Jozef Felcman, Appellant",
  "name_abbreviation": "Vondra v. Felcman",
  "decision_date": "1916-11-27",
  "docket_number": "Gen. No. 22,411",
  "first_page": "136",
  "last_page": "137",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 136"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 201,
    "char_count": 3264,
    "ocr_confidence": 0.549,
    "sha256": "b8c0c084ae45c5a10087f50740fae37cbbf18ca4cf542579b4fff48b368812ed",
    "simhash": "1:1646542d86121058",
    "word_count": 540
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Fennije Vondra, Appellee, v. Jozef Felcman, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Hpldom\ndelivered the opinion of the court.\n2. Landlord and tenant, \u00a7 517 \u2014what damages landlord liable for in trespass. The entry by a landlord on demised premises during the term of a lease and while the tenant is in actual possession is a trespass which will render the landlord liable for such actual and also punitive damages as the evidence shows are assessable.\n3. Landlord and tenant, \u00a7 515*\u2014when evidence shows malicious entry by landlord. In an action of trespass by a tenant against a landlord to recover the value of property alleged to have been lost by reason of the wrongful- entry of the landlord upon the demised premises before the tenant had surrendered possession, evidence held to warrant the jury in finding that defendant acted maliciously in entering the premises.\n4. Damages, \u00a7 250*\u2014what is not evidence of prejudice of jury. In an action of trespass, where punitive damages were assessable, it cannot be said, merely because the trial court sanctions a remittitur, that the assessment of damages evidenced passion or prejudice on the part of the jury.\n5. Damages, \u00a7 240*\u2014when amount of punitive damages not disturbed on appeal. The amount of punitive damages to be awarded is, in the first instance, for the jury, and where such damages are properly assessable, the assessment will not be disturbed by a reviewing court when made within the bounds of reason.\n6. Trespass, \u00a7 62*\u2014when punitive damages not excessive. In an action of trespass, where punitive damages were assessable under the evidence, the assessment of such damages held not excessive.",
        "type": "majority",
        "author": "Mr. Justice Hpldom"
      }
    ],
    "attorneys": [
      "William Cullen Burns, for appellant.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "Fennije Vondra, Appellee, v. Jozef Felcman, Appellant.\nGen. No. 22,411.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hori. Marcus A. Kavanagh, Judge, presiding. Heard in this court at the March term, 1916.\nAffirmed.\nOpinion filed November 27, 1916.\nStatement of the Case.\nAction of trespass by Fennije Vondra, plaintiff, against Jozef Felcman, defendant, in the Superior Court of Cook county. From a judgment for plaintiff for $150, defendant appeals.\nThere was evidence that plaintiff, during the term of her lease, moved most of her property out of her flat, retaining the key, and on returning next day found much of the property missing. She found defendant, the landlord, in possession, making repairs, and there was evidence that when asked what had become of plaintiff\u2019s property, defendant answered that he had thrown it into the alley. The action was for the loss of the property which plaintiff could not find.\nWilliam Cullen Burns, for appellant.\nNo appearance for appellee.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 515 \u2014when evidence shows landlord guilty of trespass. In an action of trespass by a tenant against a landlord to recover property alleged to have been lost by reason of the wrongful entry of the landlord on the demised premises before the tenant had surrendered possession, where the evidence was conflicting, a verdict finding defendant guilty of the trespass alleged, held sustained by the evidence.\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": "0136-01",
  "first_page_order": 162,
  "last_page_order": 163
}
