{
  "id": 5404707,
  "name": "Gus Carlson, Appellee, v. Chicago Great Western Railroad Company, Appellant",
  "name_abbreviation": "Carlson v. Chicago Great Western Railroad",
  "decision_date": "1917-04-19",
  "docket_number": "Gen. No. 6,349",
  "first_page": "156",
  "last_page": "157",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 156"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 208,
    "char_count": 2757,
    "ocr_confidence": 0.575,
    "sha256": "c263d02d15d6a92ca6266931998b88e2666847c6be97265c2d5393daf5b3c343",
    "simhash": "1:ca7bd7863c15185c",
    "word_count": 451
  },
  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gus Carlson, Appellee, v. Chicago Great Western Railroad Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Carnes\ndelivered the opinion of the court.\n4. Instructions, \u00a7 135*\u2014when should he offered. Where a defendant fears that an instruction which informs the jury as to the charges in the declaration, without stating that those charges were denied by the defendant, is misleading, he can protect himself by offering an instruction to that effect.\n5. Master and servant, \u00a7 206 \u2014when railroad engaged in interstate commerce liable for negligence of fellow-servant of employee. In an action for personal injuries sustained by a railroad employee while engaged in interstate commerce, where the plaintiff, while pulling a spike, was thrown from a bridge as a result of the alleged negligent act of a fellow-servant, and the plaintiff claimed that he did not assume the risk of the negligence of such fellow-servant, held that the defendant was not liable in the absence of affirmative showing that such fellow-servant was guilty of negligence which was the proximate cause of the injury.",
        "type": "majority",
        "author": "Mr. Justice Carnes"
      }
    ],
    "attorneys": [
      "John A. Russell, for appellant.",
      "C. Helmer Johnson, Leonard Mead and Julius C. Matthison, for appellee; James D. Power, of counsel."
    ],
    "corrections": "",
    "head_matter": "Gus Carlson, Appellee, v. Chicago Great Western Railroad Company, Appellant.\nGen. No. 6,349.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Master and servant, \u00a7 98 \u2014when federal law controlling in action for personal injuries. In actions by an employee against the employer for personal injuries, where both are engaged in interstate commerce, the federal statute must be applied.\n2. Master and servant, \u00a7 302*\u2014when defense of assumed risk not excluded. In an action against an interstate railroad where it is not claimed that any violation of a federal statute enacted for the safety of employees contributed to the injury, the defense of assumed risk is not excluded.\n3. New trial, \u00a7 109*\u2014what considered on motion for. Although the trial court could not under the evidence direct a verdict for the defendant on the ground that such evidence would not sustain a verdiet for the plaintiff, that question is before the court on a motion for a new trial.\nAppeal from the Circuit Court of Kane county; the Hon. Mazzini Slusseb, Judge, presiding. Heard in this court at the October term, 1916.\nReversed and remanded.\nOpinion filed April 19, 1917.\nStatement of the Case.\nAction by Gus Carlson, plaintiff, against the Chicago Great Western Railroad Company, defendant, to recover for personal injuries received while working as a section hand for defendant. From a judgment for $5,000 in favor of plaintiff, defendant appeals.\nJohn A. Russell, for appellant.\nC. Helmer Johnson, Leonard Mead and Julius C. Matthison, for appellee; James D. Power, of counsel.\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": "0156-01",
  "first_page_order": 184,
  "last_page_order": 185
}