{
  "id": 2923844,
  "name": "Robert Schultz, by Sylvester Schultz, Appellee, v. Aurora, Plainfield & Joliet Railway Company, Appellant",
  "name_abbreviation": "Schultz v. Aurora, Plainfield & Joliet Railway Co.",
  "decision_date": "1917-04-19",
  "docket_number": "Gen. No. 6,366",
  "first_page": "338",
  "last_page": "339",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ill. App. 338"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "ce20817c7b183cf1f3410569c5ac1339aa3b5a56c45b40b1fcfec5bed6179eaf",
    "simhash": "1:ca2de320f897c2c9",
    "word_count": 414
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  "last_updated": "2023-07-14T15:40:32.195438+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Robert Schultz, by Sylvester Schultz, Appellee, v. Aurora, Plainfield & Joliet Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Niehaus\ndelivered the opinion of the court.\n2. Street railroads, \u00a7 69 \u2014what constitutes insufficient warning to child of danger from, car. Ringing of a street car gong and yelling by the motorman serve no useful purpose as warning to a 2-year-old child, as such child would in the natural order of things be wholly without judgment or knowledge or appreciation of the purpose of such warning or understanding of the significance of such ringing and yelling, or realization of the effect of the speed of the car or the dangers that might result therefrom.\n3. Damages, \u00a7 115*\u2014when verdict for personal injuries not excessive. Judgment for $2,500 held not excessive for injuries to a 2-year-old child necessitating constant attention of a physician for 3 months, with daily dressing and skin grafting, great pain for a long time, and a permanent scar tissue covering the wound, and inability to walk for 4 or 5 months.",
        "type": "majority",
        "author": "Mr. Presiding Justice Niehaus"
      }
    ],
    "attorneys": [
      "Snapp, Heise & Snapp, for appellant; Winston, Payne, Strawn & Shaw, of counsel.",
      "Edward R. Nadelhoffer, for appellee; John J. Wellnitz, of counsel."
    ],
    "corrections": "",
    "head_matter": "Robert Schultz, by Sylvester Schultz, Appellee, v. Aurora, Plainfield & Joliet Railway Company, Appellant.\nGen. No. 6,366.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Street railroads, \u00a7 69 \u2014when evidence sustains inference of negligence of motorman in failing to promptly stop car which strikes child. Evidence held to sustain the inference, in an action to recover damages for personal injuries to a child 2 years old, due to being struck by defendant\u2019s street car, that the motorman in his management of the car was not.as prompt in his efforts to stop the car to prevent injuring the child as he could and should have been in the exercise o\u00ed reasonable care for the child\u2019s safety.\nAppeal from the Circuit Court of Will county; the Hon. Frank L. Hooper, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed April 19, 1917.\nRehearing denied July 31, 1917.\nStatement of the Case.\nAction by Robert Schultz, by Sylvester Schultz, his father and next friend, plaintiff, against Aurora, Plainfield & Joliet Railway Company, defendant, to recover damages for personal injuries resulting from being struck by defendant\u2019s street car. From a judgment for plaintiff for $2,500, on remittitur, defendant appeals.\nSnapp, Heise & Snapp, for appellant; Winston, Payne, Strawn & Shaw, of counsel.\nEdward R. Nadelhoffer, for appellee; John J. Wellnitz, 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 ana section number."
  },
  "file_name": "0338-01",
  "first_page_order": 362,
  "last_page_order": 363
}