{
  "id": 2943980,
  "name": "Martin Lavin, Administrator, Appellee, v. Wells Brothers Company, Appellant",
  "name_abbreviation": "Lavin v. Wells Bros.",
  "decision_date": "1917-03-12",
  "docket_number": "Gen. No. 20,799",
  "first_page": "303",
  "last_page": "305",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 303"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 242,
    "char_count": 3812,
    "ocr_confidence": 0.566,
    "sha256": "591ccf118718f93a95c86b4498aa64cb6798ee75ceae8e3dc2365b8346f0b1c2",
    "simhash": "1:9569be74842bd7d5",
    "word_count": 616
  },
  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Martin Lavin, Administrator, Appellee, v. Wells Brothers Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.\n5. Workmen\u2019s Compensation Act, \u00a7 12 \u2014when evidence tends to show contribution to support of parents. Evidence held to tend to show the deceased had contributed to the support of his parents within five years prior to his death, in proceedings for compensation under the Workmen\u2019s Compensation Act of 1911.\n6. Workmen\u2019s Compensation Act, \u00a7 12*\u2014when coroner\u2019s verdict is admissible in evidence. The verdict of a coroner\u2019s jury held properly admitted in evidence, in proceedings for compensation under the Workmen\u2019s Compensation Act of 1911.\n7. Workmen\u2019s Compensation Act, \u00a7 8*\u2014when evidence is sufficient to sustain an award of compensation for death. In proceedings for compensation for the death of an employee. under the Workmen\u2019s Compensation Act of 1911, evidence held sufficient to sustain an award of $3,500 where the employee had been earning the average weekly wages of $17.23.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "F. J. Canty and Zimmerman,' Meyers & Garrett, for appellant.",
      "Gorman, Pollock, Sullivan & Livingston, for appellee."
    ],
    "corrections": "",
    "head_matter": "Martin Lavin, Administrator, Appellee, v. Wells Brothers Company, Appellant.\nGen. No. 20,799.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Clarence N. Goodwin, Judge, presiding. Heard in this court at the October term, 1914.\nCertiorari denied by Supreme Court (making opinion final).\nAffirmed.\nOpinion filed March 12, 1917.\nStatement of the Case.\nAction by Martin Lavin, administrator of the estate of Thomas Lavin, deceased, petitioner, against Wells Brothers Company, respondent, based upon an award in favor of the petitioner under the Workmen\u2019s Compensation Act of 1911. From a judgment for the petitioner for $3,500, on a trial without a jury in the Superior Court of Cook county upon appeal, respondent appeals.\nThe deceased was employed by the respondent as a laborer in a building being constructed by respondent as a contractor. He was working on the first floor of the building, carrying boards used to build a shanty around a motor. There were several unguarded openings in this floor. When last seen alive he was walking along the first floor carrying planks, and appeared to be looking for other planks. Ten or fifteen minutes later he was found in the basement suffering from injuries from which he died four days later. The evidence tended to show that the earnings of deceased were $17.23 per week.\nAbstract of the Decision.\n1. Workmen\u2019s Compensation Act, \u00a7 12 \u2014when evidence tends to show that death arose out of course of employment. Evidence held to tend to show that the injuries and death of petitioner\u2019s intestate arose out of his employment, in proceedings for compensation under the Workmen\u2019s Compensation Act of 1911.\n2. Workmen\u2019s Compensation Act, \u00a7 10*\u2014when dependency need not he shown. Under section 4 of the Workmen\u2019s Compensation Act of 1911 (J. & A. If 5452), where a deceased employee has contributed to any of the lineal heirs referred to in paragraph A, it is sufficient to authorize a recovery whether such person or persons were dependent upon the deceased for a support or not.\n3. Workmen\u2019s Compensation Act, \u00a7 10*\u2014when dependency must he shown. Under paragraph B of section 4 of the Workmen\u2019s Compensation Act of 1911 (J. & A. If 5452), dependency for support upon the deceased must be shown to authorize a recovery in the interest of his collateral relatives.\n4. Workmen\u2019s Compensation Act\u2014when compensation allowed to aliens. Compensation is allowable under the Workmen\u2019s Compensation Act of 1911 to parents of a deceased employee notwithstanding they are nonresident aliens.\nF. J. Canty and Zimmerman,' Meyers & Garrett, for appellant.\nGorman, Pollock, Sullivan & Livingston, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, ami 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": "0303-01",
  "first_page_order": 329,
  "last_page_order": 331
}