{
  "id": 2925322,
  "name": "Daisy G. Rose, Appellee, v. Chicago City Railway Company, Appellant",
  "name_abbreviation": "Rose v. Chicago City Railway Co.",
  "decision_date": "1917-10-02",
  "docket_number": "Gen. No. 23,265",
  "first_page": "345",
  "last_page": "346",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 345"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Daisy G. Rose, Appellee, v. Chicago City Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Carriers, \u00a7 476 \u2014 when evidence shows negligence in failing to allow passenger and child reasonably sufficient time to alight from car. In an action by a passenger against a street railroad company to recover damages for personal injuries alleged to have been sustained while alighting from one of defendant\u2019s cars, evidence held sufficient to establish negligence on the part of defendant in failing to permit the car to stand a reasonably sufficient time to allow plaintiff and her child to alight therefrom.\n2. Damages, \u00a7 188* \u2014 when evidence shows injury to breast of passenger previous to injury in street car accident. In an action against a street railroad company for damages for personal injuries, including injury to plaintiff\u2019s breast, due to the car jerking before plaintiff\u2019s daughter had alighted from the car and throwing the child against plaintiff, evidence held sufficient to show an injury to plaintiff\u2019s breast nearly two years before the accident.\n3. Evidence, \u00a7 454* \u2014 when opinions of physicians as to possibility of infection of breast of woman by germ are of no force. The opinions of expert medical witnesses as to the character of the infection of the breast of a woman who was injured in a street car accident, as the result of her child being thrown against her while in the act of alighting from a car, and as to the possibility of infection either with or without any blow, are neutralized in effect where their opinions as to the causal connection are predicated upon the absence of any prior injury.\n4. Evidence, \u00a7 423* \u2014 when medical expert testimony essential. The opinions of medical experts are essential in a personal injury action for the guidance of a jury as to infections, their causes and progress, as such matters left to the guesses of the uninformed would make possible damages based solely on speculation and not upon evidence.\n5. Appeal and error, \u00a7 1803* \u2014 when judgment reversed and cause remanded for new trial. Where important evidence has been omitted in the trial of a personal injury action, the Appellate Court, in view of the fact that it cannot call and examine witnesses to supply such omission, will reverse a judgment and remand the cause for another trial.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Busby, Weber & Miller, Franklin B. Hussey and Arthur J. Donovan, for appellant; John B. Guilliams, of counsel.",
      "James 0. McShane, for appellee."
    ],
    "corrections": "",
    "head_matter": "Daisy G. Rose, Appellee, v. Chicago City Railway Company, Appellant.\nGen. No. 23,265.\n(Not to be reported in full.)\nAppeal from .the Superior Court of Cook county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the March term, 1917.\nReversed and remanded.\nOpinion filed October 2, 1917.\nRehearing denied October 15, 1917.\nStatement of the Case.\nAction by Daisy G. Bose, plaintiff, against the Chicago City Bailway Company, defendant, for damages for injuries claimed to have been sustained by plaintiff while a passenger on one of defendant\u2019s street cars. From a judgment for plaintiff for $3,500, defendant appeals.\nBusby, Weber & Miller, Franklin B. Hussey and Arthur J. Donovan, for appellant; John B. Guilliams, of counsel.\nJames 0. McShane, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0345-01",
  "first_page_order": 371,
  "last_page_order": 372
}