{
  "id": 2913003,
  "name": "W. A. Tull, Appellee, v. F. L. Clarke, Appellant",
  "name_abbreviation": "Tull v. Clarke",
  "decision_date": "1918-01-31",
  "docket_number": "Gen. No. 23,198",
  "first_page": "448",
  "last_page": "449",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 448"
    }
  ],
  "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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    "ocr_confidence": 0.549,
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    "sha256": "204070f895bf0503127b500928af365bd0b1b5ad1ff32604fa9b599641afe97d",
    "simhash": "1:2b3ec3a6d8ed0cd8",
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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": [
      "W. A. Tull, Appellee, v. F. L. Clarke, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.\n4. Damages, \u00a7 192*\u2014discretion of jury in assessment of. In an action to recover for personal injuries, the assessment of the damages rests in the sound discretion of the jury, under the guidance of proper instructions.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "G-eorge W. Ludden and Frank P. McGinn, for appellant.",
      "John A. Bloomingston, for appellee."
    ],
    "corrections": "",
    "head_matter": "W. A. Tull, Appellee, v. F. L. Clarke, Appellant.\nGen. No. 23,198. (Not to be reported in full.)\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 13 \u2014when statement of claim in action of fourth class for personal injuries is sufficient. Under section 40 of the Municipal Court Act (J. & A. f 3352), a cause of action is sufficiently set forth by a statement of claim in a fourth-class action, which recites that plaintiff sustained injuries, on or about a certain date, in an alley in the City of Chicago, by reason of defendant\u2019s negligence in using a skid which was defective and of insufficient strength to support a certain cask of great weight, and which broke while the said cask was being lowered thereon, injuring plaintiff while walking in said alley and while exercising due care and caution for his own safety. (\n2. Appeal and error, \u00a7 365*\u2014necessity of raising question in' trial court. A question not raised in the trial court cannot be raised on appeal.\n3. Damages, \u00a7 122*\u2014when verdict for personal injuries not excessive. A verdict for $1,000 for personal injuries cannot be said to be excessive where the evidence tends to show that plaintiff sustained a severe strain of the leg, resulting in chronic arthritis, that his leg was badly swollen for 2 or 3 months after the injury; that he was obliged to use a crutch for some 6 months thereafter; that he limped and had pains in his knee, and up to the time of the trial continued to have chronic arthritis of the knee joint.\nAppeal from the Municipal Court of Chicago; the Hon. Frank H. Graham, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nAffirmed.\nOpinion filed January 31, 1918.\nStatement of the Case.\nAction by W. A. Tull, plaintiff, against F. L. Clarke, defendant, to recover for personal injuries. From a judgment for plaintiff for $1,000, defendant appeals.\nG-eorge W. Ludden and Frank P. McGinn, for appellant.\nJohn A. Bloomingston, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0448-01",
  "first_page_order": 476,
  "last_page_order": 477
}