{
  "id": 5099438,
  "name": "Zora R. Brannock, Appellee, v. City of Chicago, Appellant",
  "name_abbreviation": "Brannock v. City of Chicago",
  "decision_date": "1952-12-08",
  "docket_number": "Gen. No. 45,842",
  "first_page": "484",
  "last_page": "489",
  "citations": [
    {
      "type": "official",
      "cite": "348 Ill. App. 484"
    }
  ],
  "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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  "last_updated": "2023-07-14T21:56:17.120334+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Zora R. Brannock, Appellee, v. City of Chicago, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Burke\ndelivered the opinion of the court.\nZora R. Brannoek filed a complaint in the circuit court of Cook county against the City of Chicago to recover damages of $10,000 for personal injuries alleged to have been inflicted by a \u201cmob\u201d as defined in Section 1 of \u201cAn Act to suppress mob violence,\u201d (par. 512, ch. 38, Ill. Rev. Stat. 1951 [Jones Ill. Stats. Ann. 1951, 37.481]). Issue was joined. A trial resulted in a verdict against defendant for $1,000. Motions by defendant for judgment notwithstanding the verdict and for a new trial were overruled and judgment was entered, to reverse which defendant prosecutes this appeal.\nThe complaint alleged that on August 16, 1947, plaintiff was traveling in an automobile in a northerly direction on Ashland Avenue at or near its intersection with Chelsea Street in Chicago; and that a riotous mob, crowd and assemblage of five or more persons congregated for the purpose of exercising correctional powers over her, threw stones and struck the automobile in which she was riding, damaging the automobile and injuring her. Plaintiff lived at 11412 South Ada Street, Chicago, which is east and south of 111th Street and Ashland Avenue. Chelsea is a short street which runs northwesterly from the west side of Ash-land Avenue, about half a block north of 111th Street. On Saturday evening, August 16, 1947, she was riding in the family automobile being driven by her daughter Jean. Plaintiff testified that \u201cwe were going to meet my husband at 81st and Halsted. \u2019 \u2019 The car was driven by Jean north on Throop Street to 111th Street, west on 111th Street to Ashland Avenue, where it turned in a northerly direction. Plaintiff said that \u201cjust as we turned off 111th Street on to Ashland Avenue there was a man, a white man, who almost stopped our car\u201d; that \u201che stopped our car and looked at my daughter who was driving and then we drove on and just at the intersection of Chelsea and Ashland Avenue, just before we got there there was a whistle and then it looked like between thirty and forty men around our car and stopped our car\u201d; and that \u201cthey asked us what we were doing out, and then they said, \u2018Get them.\u2019 \u201d In answer to the question, \u201cWhat did you say to them?\u201d witness answered: \u201cWe told them we were on our way to meet my husband at 81st and Halsted.\u201d In answer to the question, \u201cAnd then what did they say?\u201d witness answered: \u201cThey said, \u2018Get them. \u2019 \u201d\nAnswering the question, \u201cAnd then what happened?\u201d plaintiff said: \u201cAnd then they began throwing huge pieces of concrete through the windows of the car, and they struck me.\u201d She said that all the windows, except those that were lowered, were broken and that she was struck by pieces of stone and concrete. She testified as to serious injuries suffered. It is unnecessary to detail the injuries as the City does not contend that the judgment is excessive. Reverend Richard C. Keller, a clergyman, testified that at about 11:00 p. m. on August 16, 1947, he was at 111th Street \u201cwhere Vincennes almost intersects with Chelsea\u201d; that a car had been overturned and another car had been smashed with stones \u201cby a group of men\u201d; that he \u201csaw some of them and would estimate about eight or nine altogether \u2019 \u2019; that plaintiff was in the car that had been stopped and the windows smashed; that he learned that it was she after he returned from the Morgan Park Police Station where he had gone \u201cto get police protection against this invading horde of men\u201d; that at the police station he told Lieutenant Smith about \u201cthe latest incident that had developed on the boundary line in a series of incidents\u201d; that the lieutenant told him that all of his men were out from the station \u2018 \u2018 and he could not send a group of men\u201d; that the lieutenant advised witness to \u201cmake contact with Commissioner Prendergast,\u201d which witness did; and that witness contacted Commissioner Prendergast on the telephone.\nJean L. Brannoek, plaintiff\u2019s daughter, testified that she was driving the car; that she and her mother were on their way \u201cto pick up\u201d Mr. Brannoek; that at the corner of Chelsea and 111th Streets \u201cas we got ready to turn a young man was standing there and he whistled as we turned the corner, and before we had gone any length at all we were stopped by a surging crowd of people, mostly men, and I was forced to stop because so many people were in the area and they asked what we were doing there, and some of us said that we were going after my father, and they said, \u2018Let\u2019s get them\u2019 \u201d; that they began to throw stones and rocks and bricks and concrete, a little bit of everything into the car, and \u201cI was badly upset at the time and I jumped out of the car\u201d; that \u201cafter I got out of the car I had an iron bar in my hand in the meantime and the crowd sort of dispersed and just about that time my mother screamed and I turned around and she was covered with blood and the whole car was covered with blood, and I ran. There were people around. I guess they came from somewhere and well, they asked me what happened, what was the trouble, and I told them my mother was badly hurt \u201d; and that \u201cI was pretty hysterical at the time and I was screaming and then somehow we got back to the car. That isn\u2019t very clear in my mind because I was pretty badly cut up myself, and we got back to the car and somebody instructed me that I had better go to the doctor.\u201d Witness testified further that she then drove her mother to a friend\u2019s house, a doctor was called and she received medical attention. On cross-examination, Miss Brannoek testified that she was not aware that her mother was hurt until she screamed, at which time witness was out of the automobile; that witness glanced back and saw her mother \u201ccovered with blood\u201d; that witness guessed she \u201creacted like anybody would when I saw the blood\u201d; that she ran toward 111th Street; that she was \u201crunning and screaming and some people ran toward me from 111th Street and they inquired about the reason I was screaming and I screamed about my mother and what not, and they led me back to the car\u201d; and that witness then drove the car with her mother as a passenger to a neighbor\u2019s house.\nFrom the recital of the testimony pertaining to the occurrence we cannot draw any inference as to the purpose of the collection of individuals who were assembled and who damaged plaintiff\u2019s automobile and inflicted injuries on her. Plaintiff and her daughter were on their way to 81st and Halsted Streets for the purpose of \u201cpicking up\u201d Mr. Brannoek. From the testimony of Reverend Keller it appears that another .car had been overturned in the vicinity; that he had gone to get police protection against \u201cthis invading horde of men\u201d; that he told Lieutenant Smith of the Morgan Park Police Station \u201cabout this incident which developed on the boundary line in a series of incidents\u201d; that the lieutenant told him \u201che could not send any men\u201d as none were in the station; and that he advised that Commissioner Prendergast be contacted, which was done. There is nothing in the record to indicate the intention of \u201cthe invading horde of men\u201d or what was meant by the \u201cseries of incidents.\u201d There is nothing in the record to establish the allegation of the complaint that the assemblage of five or more persons congregated for the purpose of exercising correctional powers over the plaintiff. For this reason the court should have directed a verdict for the defendant. The judgment of the circuit court of Cook county is reversed and the cause is remanded with directions to enter judgment for the defendant and against plaintiff.\nJudgment reversed and cause remanded with directions.\nFriend, P. J. and Niemeyer, J., concur.",
        "type": "majority",
        "author": "Mr. Justice Burke"
      }
    ],
    "attorneys": [
      "John J. Mortimer, Corporation Counsel, City of Chicago, for appellant; L. Louis Karton, Head of Appeals and Review Division, and Joseph F. Fox, Assistant Corporation Counsel, both of Chicago, of counsel.",
      "Zedrick T. Braden, and Lymus Wallace, both of Chicago, for appellee; Sidney A. Jones, Jr., Glenn C. Fowlkes, and George N. Leighton, all of Chicago, of counsel."
    ],
    "corrections": "",
    "head_matter": "Zora R. Brannock, Appellee, v. City of Chicago, Appellant.\nGen. No. 45,842.\nOpinion filed December 8, 1952.\nRehearing denied December 22, 1952. Released for publication December 23, 1952.\nJohn J. Mortimer, Corporation Counsel, City of Chicago, for appellant; L. Louis Karton, Head of Appeals and Review Division, and Joseph F. Fox, Assistant Corporation Counsel, both of Chicago, of counsel.\nZedrick T. Braden, and Lymus Wallace, both of Chicago, for appellee; Sidney A. Jones, Jr., Glenn C. Fowlkes, and George N. Leighton, all of Chicago, of counsel."
  },
  "file_name": "0484-01",
  "first_page_order": 506,
  "last_page_order": 511
}