{
  "id": 841268,
  "name": "The South Chicago City Railway Company v. Ellena McDonald",
  "name_abbreviation": "South Chicago City Railway Co. v. McDonald",
  "decision_date": "1902-04-16",
  "docket_number": "",
  "first_page": "203",
  "last_page": "206",
  "citations": [
    {
      "type": "official",
      "cite": "196 Ill. 203"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "94 Ill. App. 612",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5291209
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill-app/94/0612-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.594,
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    "simhash": "1:a0a1ceb11dad86f8",
    "word_count": 1084
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  "last_updated": "2023-07-14T14:44:55.119373+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The South Chicago City Railway Company v. Ellena McDonald."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Ricks\ndelivered the opinion of the court:\nThis is an action brought in the circuit court of Cook county to recover for personal injuries alleged by the plaintiff to have been received by her on July 28, 1896, by reason of the negligent operation by the defendant of one of its street cars, near the intersection of One Hundred and Fourth street and Ewing avenue, in the city of Chicago. Her declaration is in a single count, and merely charges that she was a passenger upon a car of the defendant, and that as she, with due care, was about to alight from the car, it was carelessly, etc., propelled and caused to be jerked, by means whereof she was thrown to the ground and injured, etc.\nPlaintiff\u2019s evidence tended to prove that the car in question stopped at One Hundred and Fourth street, and that before it started again she attempted to alight therefrom, but that as she was in the act of doing so it was started with a jerk, and by reason thereof she was thrown to the ground and seriously injured. Upon a trial of the cause in the circuit court the jury returned a verdict in favor of appellee in the sum of $8500, upon which judgment was entered. Upon appeal the Appellate Court required appellee to remit $4000 and entered a judgment for the sum of $4500, and required the appellee to pay the costs in the Appellate Court, from which judgment appellant now appeals.\nTwo errors are urged in this court for reversal: First, the giving of appellee\u2019s instruction numbered 17, which is as follows: \u201cThe jury are instructed that they, the jury, are the sole judges of the questions of fact in this case, and the court does not, by any instructions given the jury in this case, intend to instruct the jury how they should find any question of fact in this case;\u201d and second,, the overruling by the court of the defendant\u2019s motion to strike out all evidence relating to ovarian and womb troubles of the plaintiff after September 28, 1896,\u2014the date of the birth of plaintiff\u2019s last child, \u2014which motion was based upon the want of connection thereof in any way with the matters complained of in the declaration.\nThe objection to the first of appellee\u2019s instructions is based on the word \u201chow.\u201d It is urged that the word \u201chow\u201d would lead the jury to believe that they had a right to decide the facts in any manner that they saw fit, and that it vitiated all the instructions of the defendant wherein the jury were told that they could only find a verdict of guilty by the preponderance of the evidence, and unless they should likewise find that the plaintiff used due care and was not guilty of contributory negligence; that they could not arbitrarily disregard the testimony of any witness, and that they could not allow themselves to be governed by sentiment, prejudice or sympathy in finding such facts, etc. We agree with the Appellate Court that this distinction of counsel is entirely too refined. It seems to us that the phrase \u201chow they [the jury] should find any question of fact\u201d was synonymous with and would be plainly understood to mean \u201cat what conclusion they should arrive,\u201d and not the manner in which they should find any question of fact. While it is true that the instruction might be more accurately worded, we think that the plain meaning of it was as stated above.\nThe next objection of appellant, in regard to the exclusion of the evidence relating to the condition of appellee after the birth of her child, is not well founded. There is evidence in the record tending to show that appellee\u2019s present condition is a result of her injuries. Dr. Russell testified that he attributed appellee\u2019s present condition to the injuries that she received by being thrown from this car on July 28, 1896, and the great weight of the testimony is that prior to the injury the appellee was a perfectly well and healthy woman and that ever since that time her physical condition has been very bad.' Appellee testified: \u201cPrior to the injury I had the best of health all the time.- I never knew what an ache or pain was, before. I did the washing, scrubbing, cooking, baking,\u2014all the housework. Prior to the injury I think I weighed 205, and a year before that time my weight was from 180 to 187 pounds right along. My health since the time of the injury has been nothing but suffering. My weight since that time was 145 the last time I was weighed. I can\u2019t do anything in regard to heavy work now; just do some sewing, or do a little bit of cooking for me and the children, and little jobs like that around the house.\u201d Clearly, this was evidence to be submitted to the jury as to whether or not her present condition is the result of the injuries received, and was a question of fact for the jury, and is not open to review in this court.\nThe judgment of the Appellate Court is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Ricks"
      }
    ],
    "attorneys": [
      "Charles C. Gilbert, for appellant.",
      "James Maher, (A. W. Browne, of counsel,) for appellee."
    ],
    "corrections": "",
    "head_matter": "The South Chicago City Railway Company v. Ellena McDonald.\nOpinion filed April 16, 1902.\n1. Instructions\u2014language of instruction construed. An instruction holding that \u201cthe jury are the sole judges of the questions of fact in this case, and the court does not * * * intend to instruct the jury how they shall find any question of fact in this case,\u201d is not subject to the objection that the word \u201chow\u201d would lead the jury to believe they could decide the facts in any manner they saw fit, without reference to the instructions or the evidence.\n2. Evidence\u2014when denial of a motion to exclude evidence is proper. In an action for personal injuries, the court\u2019s denial of defendant\u2019s motion to exclude all evidence relating to the ovarian and womb troubles of the plaintiff after the birth of her last child is proper, where the evidence tends to show that such conditions were the result of plaintiff\u2019s injuries.\nSouth Chicago City Ry. Co. v. McDonald, 94 Ill. App. 612, affirmed.\nAppeal from the Branch Appellate Court for the First District;\u2014heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.\nCharles C. Gilbert, for appellant.\nJames Maher, (A. W. Browne, of counsel,) for appellee."
  },
  "file_name": "0203-01",
  "first_page_order": 203,
  "last_page_order": 206
}