{
  "id": 5197012,
  "name": "John Kennedy, Adm., v. Illinois Central Railroad Co.",
  "name_abbreviation": "Kennedy v. Illinois Central Railroad",
  "decision_date": "1897-02-09",
  "docket_number": "",
  "first_page": "601",
  "last_page": "602",
  "citations": [
    {
      "type": "official",
      "cite": "68 Ill. App. 601"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "26 Ill. App. 171",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "34 Ill. App. 142",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5000323
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      "case_paths": [
        "/ill-app/34/0142-01"
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    {
      "cite": "39 Ill. App. 617",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        "/ill-app/39/0617-01"
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    {
      "cite": "113 Ill. 654",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2865088
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/113/0654-01"
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    },
    {
      "cite": "114 Ill. 206",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2869489
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      "case_paths": [
        "/ill/114/0206-01"
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  "last_updated": "2023-07-14T18:19:54.666299+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Kennedy, Adm., v. Illinois Central Railroad Co."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Shepard\ndelivered the opinion of the Court.\nThis action was brought to recover damages for the death of appellant\u2019s intestate occasioned by the alleged negligence of the appellee.\nAt the conclusion of the plaintiff\u2019s evidence the court, upon the motion of the defendant, instructed the jury that the plaintiff was not entitled to recover, and a verdict followed accordingly.\nA motion for a new trial ensued and was overruled. Neither to the giving of the instruction, nor to the overruling of the motion for a new trial, was any exception taken, and the point is insisted upon by the appellee as fatal to the right of appellant to have a reversal, and it is fatal. It does appear by the transcript, made by the clerk, of the judgment record, that the plaintiff \u201c entered his exceptions herein,\u201d but that was insufficient and did no good. Exceptions can only become matters of record'when certified by the trial judge.\nThe rule is inflexible that, without an exception preserved in the bill of exceptions, no ruling, however improper, that does not relate to the pleadings or appear on the face of the judgment can be reviewed in an appellate tribunal. Martin v. Foulke, 114 Ill. 206; James v. Dexter, 113 Ill. 654; City of Jacksonville v. Cherry, 39 Ill. App. 617; Fries v. Fries, 34 Ill. App. 142; City of Rock Island v. Riley, 26 Ill. App. 171.\nWe might cite many other cases.\nThe only assigned error that is argued is that which challenges the correctness of the action in giving the instruction we have referred to.\nIt was attempted, by a supplemental bill of exceptions to show that the peremptory instruction in favor of appellee was excepted to, but it was not accomplished.\nWhether the trial judge properly refused to allow the alleged exceptions to be shown is not before us. Probably the question could only have been presented to us by a mandamus proceeding, which was not attempted.\nThe judgment is affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "William E. O\u2019Eeill and Darrow, Thomas & Thompson, attorneys for appellant.",
      "John Gf. Drennan, attorney for appellee; James Fentress, of counsel."
    ],
    "corrections": "",
    "head_matter": "John Kennedy, Adm., v. Illinois Central Railroad Co.\n1. Bill of Exceptions\u2014 What Must Appear in.\u2014Without an exception preserved in the bill of exceptions, no ruling, however improper, that does not relate to the pleadings or appear on the face of the judgment, can be reversed in an appellate tribunal.\nTrespass on the Case.\u2014Death from negligent acts. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed February 9, 1897.\nWilliam E. O\u2019Eeill and Darrow, Thomas & Thompson, attorneys for appellant.\nJohn Gf. Drennan, attorney for appellee; James Fentress, of counsel."
  },
  "file_name": "0601-01",
  "first_page_order": 599,
  "last_page_order": 600
}