{
  "id": 856607,
  "name": "Best Brewing Company, of Chicago, v. Patrick Dunlevy",
  "name_abbreviation": "Best Brewing Co. v. Dunlevy",
  "decision_date": "1894-12-20",
  "docket_number": "",
  "first_page": "96",
  "last_page": "98",
  "citations": [
    {
      "type": "official",
      "cite": "57 Ill. App. 96"
    }
  ],
  "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": 3218,
    "ocr_confidence": 0.492,
    "pagerank": {
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      "percentile": 0.7763634096041893
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    "sha256": "5efcd91d272c6cfa835c3dc099d9353349b9e57abe23d1532683e4f3de08b850",
    "simhash": "1:700726ee0d85b448",
    "word_count": 552
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  "last_updated": "2023-07-14T20:02:41.767696+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Best Brewing Company, of Chicago, v. Patrick Dunlevy."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Shepard\ndelivered the opinion of the Court.\nThis is an appeal from a judgment of one thousand dollars, recovered by appellee against the appellant, by reason of a personal injury received by being struck in the knee by the pole of a beer wagon drawn by horses.\nThe appellee was a passenger on a cable car operated on a street in Chicago, and the team was standing unhitched and unattended at one side of the street. As the car approached, the team became frightened, and turning suddenly, the pole of the wagon was protruded into the open car in which appellee was riding and struck him on the knee.\nIt is contended that the evidence failed to establish that the team belonged to or was used by the appellant, but the evidence, although not altogether satisfactory on that point, fairly tended to establish that fact and sufficiently so to entitle the evidence to go to the jury, and to make the verdict of the jury conclusive in that regard.\nIt is next contended that error was committed in giving the only instruction on behalf of appellee, and in refusing to give the seventh instruction asked by the appellant. Without taking space to copy either of those instructions, it is sufficient to say that it is apparent that the jury were not misled by the one which related to damages being allowed for \u201c prospective suffering and loss of health,\u201d of which it may be said there was but slight evidence in support of, nor was the appellant injured by the refusal of the other.\nThe jury were correctly instructed in behalf of both parties that the damages, if any, that the appellee was entitled to recover, were such as would be compensatory for the injuries received by him, and it appears from the evidence that nothing more than compensation was given.\nThe evidence is uncontradicted that the appellee did not work for ten months after the injury, and was in bed most of the time for four months, and that his customary wages before the injury were from $3.50 to $4 per day. It seems, therefore, very clear that the refusal to give the appellant\u2019s instruction that \u201c punitive or vindictive damages can not be awarded\u201d in cases of this character, did the appellant no harm.\nIf the jury found anything for the appellee, then under the evidence a finding of one thousand dollars only, quite fairly rebuts an indulgence in the opinion that they awarded any part of that sum. as vindictive damages.\nUpon the whole record, therefore, the judgment must be affirmed.",
        "type": "majority",
        "author": "Mr. Justice Shepard"
      }
    ],
    "attorneys": [
      "Blum & Blum, attorneys for appellant.",
      "John F. Waters, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Best Brewing Company, of Chicago, v. Patrick Dunlevy.\n1. Verdicts\u2014Conclusive\u2014Evidence Not Satisfactory.\u2014Where evidence, although not altogether satisfactory, fairly tends to establish a fact in issue, and sufficiently so to entitle it to go to the jury, the verdict will be conclusive. ,\n2. Instructions\u2014Harmless Error.\u2014An instruction may be erroneous, but if it is apparent that the jury have not been misled by it, it is not reversible error.\nMemor\u00e1ndum.\u2014Action for personal injuries. Appeal from the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.\nOpinion filed December 20, 1894.\nBlum & Blum, attorneys for appellant.\nJohn F. Waters, attorney for appellee."
  },
  "file_name": "0096-01",
  "first_page_order": 92,
  "last_page_order": 94
}