{
  "id": 2919566,
  "name": "Rita Dorothy O'Connell by Mary O'Connell, Appellee, v. West Side Hospital of Chicago and Richard J. O'Connell, Appellants",
  "name_abbreviation": "O'Connell v. West Side Hospital",
  "decision_date": "1917-12-21",
  "docket_number": "Gen. No. 22,803",
  "first_page": "233",
  "last_page": "234",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 233"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 216,
    "char_count": 2908,
    "ocr_confidence": 0.505,
    "sha256": "e9e1324e598b16e4224c0d708094d01dfc805f3e5974feb6b97b095125ae0b22",
    "simhash": "1:8b35947242cf825e",
    "word_count": 474
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rita Dorothy O\u2019Connell by Mary O\u2019Connell, Appellee, v. West Side Hospital of Chicago and Richard J. O\u2019Connell, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Matchett\ndelivered the opinion of the. court.\n2. Tbial, \u00a7 192 \u2014when direction of verdict for defendant is proper. An instruction for a directed, verdict on motion of defendant should be given if the court is of opinion that a verdict for plaintiff must be set aside for want of any evidence to sustain it.\n3. Physicians and surgeons, \u00a7 21*\u2014what is subject of expert medical testimony. Whether a physician has treated a case skilfully is a question of science which must be determined not by lay evidence but by the testimony of skilful physicians and surgeons.\n4. Physicians and surgeons, \u00a7 22*\u2014when negligence of defendant in caring for child after birth not shown. Evidence held insufficient to go to the jury as to the alleged negligence of the defendant physician charged, with responsibility for an infection of plaintiff\u2019s eyes arising some time after her birth, where upon its discovery an expert was, upon defendant\u2019s advice and with consent of plaintiff\u2019s parents, placed in charge of the case, and the expert evidence showed that this was the proper and best practice for a general practitioner, which the evidence showed the defendant was.\n5. Appeal and bbbob, \u00a7 1793*\u2014when judgment reversed as to both defendants. A judgment against two defendants which is erroneous as to one must be reversed as to both, in an action to recover damages for alleged negligence.",
        "type": "majority",
        "author": "Mr. Justice Matchett"
      }
    ],
    "attorneys": [
      "Bars L. Howard, Edward W. Rawlirs and R. J. Folorie, for appellants.",
      "Mttesor T. Case and Quir 0\u2019Brier, for appellee."
    ],
    "corrections": "",
    "head_matter": "Rita Dorothy O\u2019Connell by Mary O\u2019Connell, Appellee, v. West Side Hospital of Chicago and Richard J. O\u2019Connell, Appellants.\nGen. No. 22,803. (Not to be reported in full.)\nAbstract of the Decision.\n1. Trial, \u00a7 216 -\u2014what evidence not considered in reviewing motion for directed verdict. Evidence introduced after withdrawal from the case of a defendant upon his motion for a directed verdict at close of plaintiff\u2019s evidence cannot be considered in reviewing the motion.\nAppeal from the Superior Court of Cook county; the Hon. Marcus A. Kavanagh, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1916.\nReversed and remanded.\nOpinion filed December 21, 1917.\nStatement of the Case.\nAction by Bita Dorothy O\u2019Connell, a minor, by her next friend, Mary O\u2019Connell, plaintiff, .against West Side Hospital of Chicago, a corporation, and Richard J. O\u2019Connell, defendants, to recover for the alleged negligent care of plaintiff\u2019s mother and of plaintiff at the birth of plaintiff whereby plaintiff\u2019s eyes became infected, and the infection through the negligence of defendant O\u2019Connell as physician and surgeon was allowed to spread, etc. From a judgment for plaintiff, defendants appeal.\nBars L. Howard, Edward W. Rawlirs and R. J. Folorie, for appellants.\nMttesor T. Case and Quir 0\u2019Brier, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XX to. XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0233-01",
  "first_page_order": 261,
  "last_page_order": 262
}