{
  "id": 5819179,
  "name": "George C. Bandy, Appellee, v. Litchfield & Madison Railway Company, Appellant",
  "name_abbreviation": "Bandy v. Litchfield & Madison Railway Co.",
  "decision_date": "1918-04-05",
  "docket_number": "",
  "first_page": "574",
  "last_page": "575",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 574"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "179 Ill. App. 533",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "196 Ill. App. 560",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2866224
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/196/0560-01"
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    {
      "cite": "183 Ill. App. 492",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2835640
      ],
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      "case_paths": [
        "/ill-app/183/0492-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George C. Bandy, Appellee, v. Litchfield & Madison Railway Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Boggs\ndelivered the opinion of the court.\n2. Appeal and error, \u00a7 1725*\u2014when decisions on former appeal are controlling. In an action against a railroad company to recover for injury to one due to the derailing of a motor car being operated by one of defendant\u2019s servants on its tracks, held that the evidence presented, although including that of two witnesses who had not testified on former trials, was no different from that on the former trials so as to render the decisions of the Appellate Court on appeal from the judgments on the former trials, that the verdicts were against the weight of the evidence, controlling.",
        "type": "majority",
        "author": "Mr. Presiding Justice Boggs"
      }
    ],
    "attorneys": [
      "P. B. Warren and D, H. Mudge, for appellant.",
      "Burton & Burton, for appellee."
    ],
    "corrections": "",
    "head_matter": "George C. Bandy, Appellee, v. Litchfield & Madison Railway Company, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1725 \u2014when decision on former appeal is controlling. The decision on \u00e1 former appeal in a negligence action that the verdict is against the weight of evidence is controlling on a new trial in the court to which the case is remanded and upon a second appeal, if the case presented upon the second trial and appeal is the same as the case on the prior appeal.\nAppeal from the Circuit Court of Madison county; the Hon. Lotus Bernreuteb, Judge, presiding.\nHeard in this court at the October term, 1917.\nReversed and remanded.\nOpinion filed April 5, 1918.\nRehearing denied and opinion modified and refiled June 22, 1918.\nStatement of the Case.\nAction by George C. Bandy, plaintiff, against Litchfield & Madison Bailway Company, defendant, to recover damages for personal injuries received by plaintiff as the result of being thrown from a motor ear driven by a train dispatcher of defendant on its track. From a judgment for plaintiff for $2,625, defendant appeals.\nFor earlier decisions on appeal after former trials, see 183 Ill. App. 492, and 196 Ill. App. 560. For the decision on appeal in an action which a companion of plaintiff brought, see Schmidt v. Litchfield & M. Ry. Co., 179 Ill. App. 533.\nP. B. Warren and D, H. Mudge, for appellant.\nBurton & Burton, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV\u00bb and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic ancL section number*"
  },
  "file_name": "0574-01",
  "first_page_order": 600,
  "last_page_order": 601
}