{
  "id": 2923064,
  "name": "Gustava Anderson, Administratrix, Appellee, v. Chicago City Railway Company, Appellant",
  "name_abbreviation": "Anderson v. Chicago City Railway Co.",
  "decision_date": "1917-10-10",
  "docket_number": "Gen. No. 22,436",
  "first_page": "427",
  "last_page": "429",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 427"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 341,
    "char_count": 6311,
    "ocr_confidence": 0.579,
    "sha256": "825461c4caa4e97fff73a01878755ed395cb92be00824c69f002ca5f0f19c069",
    "simhash": "1:cb9c0123501da7bd",
    "word_count": 1056
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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": [
      "Gustava Anderson, Administratrix, Appellee, v. Chicago City Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Goodwin\ndelivered the opinion of the court.\n2. Street railroads, \u00a7 135 \u2014 when question for jury whether driver of wagon is guilty of contributory negligence. Where the plaintiff\u2019s decedent, in an action to recover damages for the latter\u2019s death, was driving his wagon on defendant\u2019s street car tracks and, .upon the approach from the rear of the wagon of defendant\u2019s car decedent turned diagonally off the track when the car was fifty to one hundred feet away, and, when the wagon was entirely off the track, turned it parallel to the track to continue forward but so close to the range of the car that the car struck the wagon, resisting in his death, held, that it was a question for the jury whether decedent was contributorily negligent.\n3. Appeal and error, \u00a7 1506* \u2014 when cross-examination of witness is not reversible error. Where an impeaching question was asked a witness on cross-examination as to a fact which examining counsel stated they would prove, to which objection was made and sustained, but the witness answered denying such fact and no proof thereof was made, held that such cross-examination was not reversible error.\n4. Appeal and error, \u00a7 471* \u2014 when impeaching question is not ground for reversal. Where the objection that an impeaching question asked a witness .was improper was not urged at the time the question was asked or when impeaching testimony was attempted to be produced, and no opportunity was given the court to correct the error by a proper instruction, and no request was made for withdrawal of a. juror at any time, such question was not ground for reversal.\n5. Death, \u00a7 73* \u2014 when instruction is not erroneous as assuming facts. An instruction, in an action- to recover damages for death from defendant\u2019s negligence, that the. only care and caution that the decedent was required to exercise at- and before the -time of the accident in question was such care and caution as a reasonably careful and prudent person woufil have exercised under similar- circumstances, and conditions that the evidence in the case showed surrounded the decedent at and before\" the time of the accident in question, held not subject to the criticism that it assumed facts in issue. \"\n6. Appeal and error, \u00a7 1531* \u2014 when instruction is reversibly erroneous. An instruction cannot be said to be reversibly erroneous unless, when applied to the facts, it tends to mislead the jury in regard to matters actually in controversy or to leave out of consideration a matter actually in issue.\n7. Street railroads, \u00a7 140 \u2014 when instruction referring to declaration in action for death of driver of wagon is not erroneous. An instruction, in an action to recover damages for death due to a wagon driven by decedent being struck by defendant\u2019s street car while decedent was driving the wagon off of defendant\u2019s tracks upon which he had been driving, that plaintiff could recover if she could prove her case \u201cas alleged in her declaration or any count thereof,\u201d held not erroneous, although one count charged only that the decedent then and there drove the wagon to the right and thus commenced and started to drive out of the way of the car, then and there using all due care and caution for his own safety, and while so driving was negligently struck by the car, there being no question as to decedent\u2019s care and caution prior to the time he started to turn off of the track.\n8. Street railroads, \u00a7 140* \u2014 when instruction referring to declaration in action for death of driver of wagon is not erroneous. An instruction, in an action to recover damages for death due to decedent being struck by defendant\u2019s street car, that plaintiff could recover upon proof \u201cas alleged in her declaration or any count thereof,\u201d held not erroneous, although one count charged, after alleging decedent\u2019s due care and caution for his own safety, that it was defendant\u2019s duty not to operate its car at a high and dangerous rate of speed but so that decedent in the exercise of ordinary care and diligence for his own safety would not be injured by the operation of its car, and that defendant, disregarding such duty, had operated its car at such high and dangerous rate of speed that decedent, while so exercising such care and caution for his own safety, was- struck and killed, such allegations being considered in connection with defendant\u2019s proof and instruction that those operating a street car must exercise only ordinary care for the safety of the public in running their cars.",
        "type": "majority",
        "author": "Mr. Presiding Justice Goodwin"
      }
    ],
    "attorneys": [
      "Franklin B. Hussey and Frank L. Kriete, for appellant; W. W. Gurley and J. R. Guilliams, of counsel.",
      "John P. Friedlund, David K. Tone and Amos W. Marston, for appellee."
    ],
    "corrections": "",
    "head_matter": "Gustava Anderson, Administratrix, Appellee, v. Chicago City Railway Company, Appellant.\nGen. No. 22,436.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Street railroads, \u00a7 131 \u2014 when evidence shows that death of driver of wagon was due to negligence of railroad company. Evidence held to support a finding that the accident causing the death of plaintiff\u2019s decedent happened as the result of defendant street railway company's negligence in striking one of the rear wheels of decedent\u2019s wagon and frightening the horses, causing them to run and throw out decedent, in an action to recover for such death,\nAppeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.\nAffirmed.\nOpinion filed October 10, 1917.\nCertiorari denied by Supreme Court (making opinion final).\nStatement of the Case.\nAction by Gustava Anderson, as administratrix of the estate of Henry Anderson, deceased, plaintiff, against the Chicago City Railway Company, defendant, to recover damages for the death of plaintiff\u2019s decedent caused by the wagon he was driving being struck by defendant\u2019s street car, frightening his horses and causing them to run, whereby he was thrown from the wagon and killed. From a judgment for plaintiff for $7,500, defendant appeals.\nFranklin B. Hussey and Frank L. Kriete, for appellant; W. W. Gurley and J. R. Guilliams, of counsel.\nJohn P. Friedlund, David K. Tone and Amos W. Marston, 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. \u2022 \u2022\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0427-01",
  "first_page_order": 453,
  "last_page_order": 455
}