{
  "id": 2917082,
  "name": "Alfred M. Swengel, Administrator, Plaintiff in Error, v. Chicago, Ottawa & Peoria Railway Company, Defendant in Error",
  "name_abbreviation": "Swengel v. Chicago, Ottawa & Peoria Railway Co.",
  "decision_date": "1917-10-16",
  "docket_number": "Gen. No. 6,460",
  "first_page": "525",
  "last_page": "526",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ill. App. 525"
    }
  ],
  "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": "656b342bd913d9ec3c30bdc1e18aa044e764d5cc14cf2aa286149c31d334430a",
    "simhash": "1:4d17c95542bd53b4",
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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": [
      "Alfred M. Swengel, Administrator, Plaintiff in Error, v. Chicago, Ottawa & Peoria Railway Company, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Carnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Carnes"
      }
    ],
    "attorneys": [
      "Robert Carr and Butters & Clark, for plaintiff in error.",
      "Duncan & O\u2019Conor, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Alfred M. Swengel, Administrator, Plaintiff in Error, v. Chicago, Ottawa & Peoria Railway Company, Defendant in Error.\nGen. No. 6,460.\n(Not to he reported in full.)\nError to the Circuit Court of La Salle county; the Hon. S. C. Stough, Judge, presiding. Heard in this court at the April term, 1917.\nReversed and remanded.\nOpinion filed October 16, 1917.\nStatement of the Case.\nAction by Alfred M. Swengel, administrator of the estate of Anton Voitnar, deceased, alias Anton Bevrage, plaintiff, against Chicago, Ottawa & Peoria Railway Company, a corporation, defendant, to recover \u00a1damages for death of decedent. From a judgment for plaintiff for $100, plaintiff brings error.\nRobert Carr and Butters & Clark, for plaintiff in error.\nAbstract of the Decision.\n1. Death, \u00a7 50b \u2014when evidence sustains findings in action by parent. In an action to recover for the wrongful death of plaintiff\u2019s son, a passenger on defendant\u2019s train, evidence held sufficient to warrant a finding for plaintiff %n the controverted allegations of defendant\u2019s negligence, death of plaintiff\u2019s decedent, and survivorship of his father as heir.\n2. New trial, \u00a7 59*\u2014when awarded because of inadequacy of damages in action for death. A motion by plaintiff for a new trial after verdict in his favor for $100, in an action for damages for death of plaintiff's decedent, was erroneously denied, where the main question presented was the wrongful death of a boy 17 years old leaving a nonresident father surviving with such expectation of pecuniary benefit from his, son\u2019s continued life as might reasonably be entertained by a nonresident parent under similar circumstances, plaintiff being entitled on the finding of negligence causing the death of the son and survivorship of the father to a substantial verdict.\n3. Death, \u00a7 73*\u2014when instruction on right to consider testimony of witness before coroner\u2019s fury is erroneous. An instruction that the testimony of a witness before a coroner\u2019s jury might be considered, in an action to recover damages for the death of the decedent for other purposes than that of impeaching the testimony of the same witness in such action, was erroneous, where it was not claimed that the evidence was admissible for other purposes.\nDuncan & O\u2019Conor, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0525-01",
  "first_page_order": 549,
  "last_page_order": 550
}