{
  "id": 2923005,
  "name": "William C. Boldt, Appellee, v. American Bottle Company, Appellant",
  "name_abbreviation": "Boldt v. American Bottle Co.",
  "decision_date": "1917-10-16",
  "docket_number": "Gen. No. 6,361",
  "first_page": "578",
  "last_page": "579",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ill. App. 578"
    }
  ],
  "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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    "char_count": 2500,
    "ocr_confidence": 0.516,
    "pagerank": {
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    "sha256": "0691990ecc58dd41957e0fc85c3ce424b56af08c7aafee0c97d12f9b3b4857b8",
    "simhash": "1:5b6ccf23b88d00d5",
    "word_count": 398
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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": [
      "William C. Boldt, Appellee, v. American Bottle Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niehaus\ndelivered the opinion of the court.\n3. Appeal and error, \u00a7 1238 \u2014when defendant may not complain as to variance. Defendant was not in position to question the sufficiency of plaintiff\u2019s proof in support of his allegation that defendant had rejected the Workmen\u2019s Compensation Act, where defendant in its asked and given instruction had admitted it was not working under that act and it was not liable to its employees for injuries suffered in the course of their employment unless such injuries were caused by its negligence.\n4. Damages, \u00a7 141*\u2014when not excessive. A verdict for $2,700 was not excessive where the injuries received resulted in permanent loss of plaintiff\u2019s left eye.",
        "type": "majority",
        "author": "Mr. Justice Niehaus"
      }
    ],
    "attorneys": [
      "Arthur H. Shay, for appellant.",
      "Browne & Wiley and Butters & Clark, for appellee."
    ],
    "corrections": "",
    "head_matter": "William C. Boldt, Appellee, v. American Bottle Company, Appellant.\nGen. No. 6,361.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Master and servant, \u00a7 701 \u2014when evidence shows that negligence of plaintiffs fellow-servant is proximate cause of injury. Evidence held sufficient to warrant the finding that the negligence of plaintiff\u2019s fellow workman in failing to hold up a certain lehr or conveyor in defendant\u2019s bottle factory while plaintiff was hammering at the drift pin in repairing the lehr, by reason whereof plaintiff's hammer was so deflected as to strike and injure him, was the proximate cause of the injury.\n2. Workmen\u2019s Compensation Act, \u00a7 2*\u2014what is effect of rejection of. Plaintiff\u2019s right of recovery for injuries sustained while employed by defendant was not affected by any question of assumed risk or contributory negligence or by the fact that the negligence which caused the injury was the negligence of a fellow-servant, where defendant had rejected the Workmen\u2019s Compensation Act.\nAppeal from the Circuit Court of La Salle county; the Hon. Joe A. Davis, Judge, presiding. Heard in this court at the April term, 1917. Certiorari denied by Supreme Court (making opinion final).\nAffirmed.\nOpinion filed October 16, 1917.\nStatement of the Case.\nAction by William C. Boldt, plaintiff, against American Bottle Company, defendant, to recover damages for personal injuries sustained by plaintiff while in defendant\u2019s employ. From a judgment for plaintiff for $2,700, defendant appeals.\nArthur H. Shay, for appellant.\nBrowne & Wiley and Butters & Clark, for appellee.\nSee Illinois Notes Digest, Vals. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0578-01",
  "first_page_order": 602,
  "last_page_order": 603
}