{
  "id": 2918294,
  "name": "Joseph Moffett, Appellee, v. Calumet & South Chicago Railway Company, Appellant",
  "name_abbreviation": "Moffett v. Calumet & South Chicago Railway Co.",
  "decision_date": "1917-12-21",
  "docket_number": "Gen. No. 22,936",
  "first_page": "243",
  "last_page": "244",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 243"
    }
  ],
  "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": 1796,
    "ocr_confidence": 0.563,
    "sha256": "bf1cd65d5fa605700eed333c9893d688a6c1b260b8474126292737ba86f93693",
    "simhash": "1:4396024378ef829f",
    "word_count": 281
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  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Moffett, Appellee, v. Calumet & South Chicago Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Matchett\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Matchett"
      }
    ],
    "attorneys": [
      "John E. Kehoe and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.",
      "Coburn & Bentley, for appellee."
    ],
    "corrections": "",
    "head_matter": "Joseph Moffett, Appellee, v. Calumet & South Chicago Railway Company, Appellant.\nGen. No. 22,936. (Not to be reported in full.)\nAbstract of the Decision.\n1. Evidence, \u00a7 399 \u2014when answer of medical witness invades province of jury. The answer of a medical witness to a hypothetical question and as to his opinion whether or not a connection existed between the supposed accident and plaintiff\u2019s appendicitis several months later, that \u201cthis was a traumatic appendicitis due to this accident,\u201d held erroneously admitted over objection, as invading the province of the jury.\n2. Damages, \u00a7 250*\u2014when errors cannot be cured by a remittitur. Where a verdict was excessive upon the evidence properly admitted, and evidence was improperly admitted and' also evidence improperly excluded as to a connection between the injury complained of and appendicitis occurring some time later, in an action to recover damages for such injury,- held that the errors in such improper admission and exclusion of evidence could not be cured by a remittitur.\nAppeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthii\u00ed, 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 Joseph Moffett, plaintiff, against Calumet & South Chicago Railway Company, defendant, to recover damages for injuries sustained by plaintiff while a passenger on defendant\u2019s car. From a judgment for plaintiff for $3,000, defendant appeals.\nJohn E. Kehoe and Charles Le Roy Brown, for appellant; John R. Guilliams, of counsel.\nCoburn & Bentley, for appellee.\nSee Illinois Notes Digest, Vois. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0243-01",
  "first_page_order": 271,
  "last_page_order": 272
}