{
  "id": 2762658,
  "name": "Richard G. Schmid, Appellee, v. C. E. Heath et al., Appellants",
  "name_abbreviation": "Schmid v. Heath",
  "decision_date": "1912-10-07",
  "docket_number": "Gen. No. 16,442",
  "first_page": "649",
  "last_page": "651",
  "citations": [
    {
      "type": "official",
      "cite": "173 Ill. App. 649"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 235,
    "char_count": 4159,
    "ocr_confidence": 0.528,
    "pagerank": {
      "raw": 5.12982294956584e-08,
      "percentile": 0.3222958172464881
    },
    "sha256": "095545bcd7dd73ec809d24d4e5f44a0936ee044f2370dc43b3cad4ed1a31daa0",
    "simhash": "1:b8f750282c0ca874",
    "word_count": 717
  },
  "last_updated": "2023-07-14T18:18:39.035248+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Richard G. Schmid, Appellee, v. C. E. Heath et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion( of the court.\nThe defendants, appellants here, issued to the plaintiff, appellee here, an insurance policy covering his automobile. Plaintiff placed his car in a public garage kept by one LiBal and paid LiBal for the care and keeping thereof eighteen dollars per month. LiBal had in his employ in the garage Harry A. Collier and Robert Cole. Collier, with the aid of another man, induced Cole, by means of a fictitious message and false statement, to leave the garage, and while he was absent Collier stole and drove away plaintiff\u2019s car. Plaintiff brought suit on the policy, the cause was submitted to the court on an agreed statement of facts, the court gave judgment for the plaintiff and the defendants appealed.\nThe only question presented is whether, under the terms and conditions of the policy, the defendants are liable to plaintiff for the damages caused by the theft of his car by Collier. Leaving out the provisions which do not apply to the question here presented, the defendants by said policy insured the plaintiff \u201conly against risks of fire, explosion, self-ignition, lightning, salvage, theft, robbery or pilferage as below,\u201d and below in the contract it is provided that \u201cLoss * * * by theft, robbery or pilferage by persons not in the employment, service or household of the assured is covered.\u201d Collier was not in the household of the assured. The defendants were liable for the theft of the car by Collier unless he was in the \u201cemployment or service\u201d of the assured within the meaning of those terms as used in the policy. It is stipulated that Collier was in the employ of LiBal. LiBal was bound only to produce or cause to be produced a certain result, and was free to dispose of his own time and personal efforts according to his pleasure without responsibility to the assured. A servant or employee is one who is employed to perform personal service; and a contractor, one who engages to do a particular thing, the idea of personal service not being a necessary element in the bargain. To be in the service or employment of the assured, within the meaning of the policy, Collier must have been subject to the control and direction of the assured and bound to render personal service to him; but he was employed, not by the assured, but by LiBal, and was not subject to the control of the assured nor bound to render to him any personal service.\nWe concur in the conclusion reached by the learned trial judge, that Collier was not in the employment or service of the assured, and therefore that the defendants were liable to the assured under the terms of the policy for the theft of his car by Collier.\nThe judgment of the Circuit Court is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Joseph E. Paden and Oscar A. Kroff, for appellants.",
      "S. S. Gregory and C. H. Poppenhusen, for appellee; J. L. McNab, of counsel."
    ],
    "corrections": "",
    "head_matter": "Richard G. Schmid, Appellee, v. C. E. Heath et al., Appellants.\nGen. No. 16,442.\n1. Insurance\u2014automobile. An insurance policy on an automobile providing that \u201closs by theft, robbery or pilferage, by persons not in the employment, service or household of the assured, is covered\u201d covers theft by an employee of a public garagekeeper at whose garage the car was kept.\n2. Master and servant\u2014who is servant or employee. A servant or employee is one who is employed to perform personal service.\n3. Master and servant\u2014contractors. A contractor is one who engages to do a particular thing, and the idea of personal service is not a necessary element in the bargain.\n4. Insurance\u2014when employee of garageheeper in service of automobile owner within policy. An employee of garagekeeper, to be in the service or employment of the assured, within the meaning of a policy covering an automobile, providing \u201cthat loss by theft, robbery or pilferage, by persons not in the employment, service or household of the assured is covered,\u201d must be subject to the control and direction of the assured, and bound to render personal service to him.\nAppeal from the Circuit Court of Cook county; the Hon. Jesse A. Baldwin, Judge, presiding. Heard in this court at the March term, 1910.\nAffirmed.\nOpinion filed October 7, 1912.\nJoseph E. Paden and Oscar A. Kroff, for appellants.\nS. S. Gregory and C. H. Poppenhusen, for appellee; J. L. McNab, of counsel."
  },
  "file_name": "0649-01",
  "first_page_order": 667,
  "last_page_order": 669
}
