{
  "id": 2927043,
  "name": "Lillian Rasmussen, Appellee, v. Joseph T. Meilinger et al. Thomas Brisch and Andreas Brisch, Appellants",
  "name_abbreviation": "Rasmussen v. Meilinger",
  "decision_date": "1917-06-11",
  "docket_number": "Gen. No. 22,870",
  "first_page": "21",
  "last_page": "22",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 21"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 186,
    "char_count": 2543,
    "ocr_confidence": 0.57,
    "sha256": "6fd0774a8e61de4af73b240be22d2b04cc30f86f2f40e720a76533b0c417d2f0",
    "simhash": "1:5e6727427c7d64f4",
    "word_count": 407
  },
  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lillian Rasmussen, Appellee, v. Joseph T. Meilinger et al. Thomas Brisch and Andreas Brisch, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion.of the court.\n2. Negligence, \u00a7 187 \u2014 when evidence sufficient to show that excavation was not made by defendants. In action for personal injuries alleged to have been caused by defendants\u2019 acts in creating and negligently maintaining an excavation, evidence held sufficient to show that the excavation was not dug by defendants.\n3. Negligence, \u00a7 131* \u2014 when no recovery for failure to prove connection with ownership or operation of agencies causing accident. In an action for personal injuries, there can be no recovery where there is a total failure to prove that defendants were connected with the ownership or operation of the agencies which caused the accident for injuries from which recovery is sought.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Daniel M. Healy, for appellants,",
      "McCaskill & MoCaskill, for appellee."
    ],
    "corrections": "",
    "head_matter": "Lillian Rasmussen, Appellee, v. Joseph T. Meilinger et al. Thomas Brisch and Andreas Brisch, Appellants.\nGen. No. 22,870.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Negligence, \u00a7 129 \u2014 when plea in action for personal injuries due to excavating too near public sidewalk is sufficient. Where, in an action for personal injuries, the declaration alleges that the injury was caused by the act of defendants, while constructing a building, in digging an excavation near a public sidewalk and in negligently failing to safeguard it and that defendants were partners, and defendants interposed a special plea that they were not engaged in erecting the building, did not dig the excavation and did not maintain it and were not guilty of the negligence charged, such plea is sufficient to put plaintiff on proof of her averment that they dug the excavation, even though the plea does not deny the partnership averred in the declaration.\nAppeal from the Superior Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1916.\nReversed with finding of facts.\nOpinion filed June 11, 1917.\nStatement of the Case.\nAction for personal injuries by Lillian Rasmussen, plaintiff, against Joseph T. Meilinger and his wife, Thomas Brisch, Andreas Brisch and the City of Chicago, defendants. Defendants Meilinger were not served and the jury found the City of Chicago not guilty. There was a verdict and judgment against defendants Brisch for $1,250, from'which they appeal.\nDaniel M. Healy, for appellants,\nMcCaskill & MoCaskill, 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": "0021-01",
  "first_page_order": 47,
  "last_page_order": 48
}