{
  "id": 2797534,
  "name": "William A. Doyle, Defendant in Error, v. Chicago City Railway Company, Plaintiff in Error",
  "name_abbreviation": "Doyle v. Chicago City Railway Co.",
  "decision_date": "1912-02-21",
  "docket_number": "Gen. No. 16,239",
  "first_page": "555",
  "last_page": "557",
  "citations": [
    {
      "type": "official",
      "cite": "167 Ill. App. 555"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 212,
    "char_count": 2986,
    "ocr_confidence": 0.519,
    "sha256": "f52a3512211a3502d891d5e910a7560345125a79ac768ece15b9f4ce9ff50a7d",
    "simhash": "1:4f4b59adb2fa179d",
    "word_count": 515
  },
  "last_updated": "2023-07-14T20:43:24.567643+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William A. Doyle, Defendant in Error, v. Chicago City Railway Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baume\ndelivered the opinion of the court.\nAt about 9 o\u2019clock in the forenoon on November 17, 1908, an automobile belonging to defendant in error was struck, at the intersection of 37th street and Went-worth avenue, by a street car of plaintiff in error, running north on Wentworth' avenue, and defendant in error thereafter brought suit against plaintiff in error in the Municipal Court to recover damages for injuries to the automobile. A trial by the court without a jury resulted in a finding and judgment against plaintiff in error for $226, to reverse which judgment this writ' of error is prosecuted.\nIt is practically conceded, and abundantly sustained by the evidence that as the icar approached and passed the intersection of 37th street, it was running at a speed of about 20 miles an hour and that the gong was not sounded. The negligence of plaintiff in error is clearly established.\nA reversal of the judgment is urged solely upon the ground that Paul Baeck, the chauffeur employed by defendant in error, was guilty of contributory negligence precluding a . recovery.\nThere is evidence tending to show, and the court was warranted in finding, that when Baeck, who was alone in the automobile, driving west on 37th street, approached the intersection of Wentworth avenue, he stopped the automobile at or about the east crossing of said avenue, and sounded the horn; that from his then position in the automobile, a distance of 10 or 12 feet east of said crossing, he was unable to see a car approaching 37th street from the south, until it reached a point from 40 to 50 feet south of the south line of said street; that when the automobile came to a stop Baeck looked to the south and to the north on Went-worth avenue, and saw no car approaching the street intersection; that he then proceeded to drive the automobile west at a speed of about 5 miles an hour and thus almost reached the east rail of the north bound track, when the car suddenly appeared from the left and in front of him; that he immediately shut off the steam, applied the brakes and attempted to turn the automobile to the right, or north, to avoid impact with the car, but without avail. Upon this state of facts we are unable to say that the finding of the trial court, that Baeck was not guilty of contributory negligence, is against the manifest weight .of the evidence and unwarranted.\nThe judgment is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baume"
      }
    ],
    "attorneys": [
      "Charles J. Gould and Paul W. Wemple, for plaintiff in error.",
      "Joseph J. Thompson, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "William A. Doyle, Defendant in Error, v. Chicago City Railway Company, Plaintiff in Error.\nGen. No. 16,239.\nVerdicts\u2014when not disturbed as against the evidence. A verdict will not be set aside as against the evidence unless clearly and manifestly so.\nError to the Municipal Court of Chicago; the Hon. McKenzie Cleland, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1910.\nAffirmed.\nOpinion filed February 21, 1912.\nCharles J. Gould and Paul W. Wemple, for plaintiff in error.\nJoseph J. Thompson, for defendant in error."
  },
  "file_name": "0555-01",
  "first_page_order": 575,
  "last_page_order": 577
}