{
  "id": 5410633,
  "name": "Gertrude L. Emerson, Appellee, v. Chicago City Railway Company, Appellant",
  "name_abbreviation": "Emerson v. Chicago City Railway Co.",
  "decision_date": "1917-02-09",
  "docket_number": "Gen. No. 21,983",
  "first_page": "412",
  "last_page": "413",
  "citations": [
    {
      "type": "official",
      "cite": "203 Ill. App. 412"
    }
  ],
  "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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    "char_count": 2712,
    "ocr_confidence": 0.56,
    "sha256": "547d1205ecd39225ff3423c6b1dca3791e01ed9fadc53ac35d2ee842a923d459",
    "simhash": "1:e112c4635050625c",
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  "last_updated": "2023-07-14T17:03:43.745976+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gertrude L. Emerson, Appellee, v. Chicago City Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "John E. Kehoe and Charles Le Rot Brown, for appellant; John R. Guilliams, of-counsel.",
      "F. A. Denison and John L. McInerney, for appellee."
    ],
    "corrections": "",
    "head_matter": "Gertrude L. Emerson, Appellee, v. Chicago City Railway Company, Appellant.\nGen. No. 21,983.\n(Not to he reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Clinton F. Ibwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed on remittitur; otherwise reversed and remanded.\nOpinion filed February 9, 1917.\nStatement of the Case.\nAction by Gertrude L. Emerson, plaintiff, against Chicago City Railway Company, defendant, to recover damages for injuries sustained by plaintiff while alighting from defendant\u2019s street car in which she was a passenger. From a judgment for plaintiff for $5,000, defendant appeals.\nThe declaration charged negligence by defendant in starting the1 car while plaintiff was attempting to alight therefrom, and in permitting a metal strip on the rear step of the car to be-in a loose.and unsafe condition whereby the heel of plaintiff\u2019s shoe was caught under it, causing her to be thrown therefrom into the street.\nJohn E. Kehoe and Charles Le Rot Brown, for appellant; John R. Guilliams, of-counsel.\nAbstract of the Decision.\n1. Cabriebs, \u00a7 476 \u2014when evidence sufficient to show negligence in maintenance and operation of street car. In an action to recover damages for injuries sustained while alighting from a street car, evidence held sufficient to sustain the findings of the jury both as to defendant\u2019s negligence in starting the car while plaintiff was attempting to alight therefrom and in permitting a metal strip on the step to be in a loose and unsafe condition.\n' 2. Evidence, \u00a7 108 \u2014when evidence of experiment is admissible. In an action to recover damages for injuries sustained while alighting from a street car, where a witness testified that right after the accident he had put his heel on the step of the car to see if it would catch on the plate, as plaintiff claimed her injury had been caused, and that it did, held that such circumstance was not so dissimilar from plaintiff\u2019s as described as to make such evidence repugnant to the rule against allowing proof of experiments, and that the judgment would not be disturbed on account of the admission of such evidence.\n3. Damages, \u00a7 124 \u2014when verdict for personal injuries is excessive. In an action by a woman to recover damages for personal injuries, where_ it appeared that her leg was fractured, that she suffered considerable pain and was laid up for six months, held that a verdict and judgment for $5,000 should be reduced by $1,000.\nF. A. Denison and John L. McInerney, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0412-01",
  "first_page_order": 436,
  "last_page_order": 437
}