{
  "id": 2833626,
  "name": "O. F. Browder, Appellee, v. The Northwestern Gas Light and Coke Company, Appellant",
  "name_abbreviation": "Browder v. Northwestern Gas Light & Coke Co.",
  "decision_date": "1913-10-09",
  "docket_number": "Gen. No. 18,327",
  "first_page": "26",
  "last_page": "27",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 26"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 204,
    "char_count": 2439,
    "ocr_confidence": 0.527,
    "sha256": "bc15beaa574ea595456f7d39ce2a800c45dd7d2e4f70498f8a72c98ae132d1de",
    "simhash": "1:d17ffc2d50081a9e",
    "word_count": 403
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "O. F. Browder, Appellee, v. The Northwestern Gas Light and Coke Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Master and servant, \u00a7 848 \u2014when gas company liable for acts of its servants. Gas company is liable for the acts of its servants where a servant goes to plaintiff\u2019s home to repair a gas leak in basement and on leaving fails to close a trap door in the floor near the outer door, and plaintiff on returning home falls through and is injured.\n2. Master and servant, \u00a7 848*\u2014when negligence of others cannot be imputed to plaintiff. Negligence of plaintiff\u2019s wife cannot be imputed to plaintiff to relieve master of liability for negligence of his servants.\n3. Master and servant, \u00a7 868*\u2014when contributory negligence a question for jury. Whether plaintiff was guilty of contributory negligence in failing to observe an open door in floor is a question for the jury.\n4. Negligence, \u00a7 208*\u2014when instruction that plaintiff may rely on due care, erroneous. Instruction that plaintiff had right to presume that servant of defendant would use ordinary care held erroneous as omitting duty of plaintiff to exercise due care.\n5. Negligence, \u00a7 218*\u2014meaning of words \u201cnegligence, if any\u201d contained in instruction. The words \u201cnegligence, if any\u201d contained in an instruction held to mean that the court would not have the jury infer that the court assumed that defendant was negligent.\n6. Appeal and error, \u00a7 1474*\u2014when opinion evidence harmless. When verdict is not argued as excessive, the fact that a physician who examined plaintiff for purpose of testifying based his opinion partly on subjective symptoms, is harmless error.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Sears, Meagher & Whitney, for appellant; James F. Meagher and Edwin Hedrick, Jr., of counsel.",
      "Chase R. Rankin and John W. Lee, for appellee."
    ],
    "corrections": "",
    "head_matter": "O. F. Browder, Appellee, v. The Northwestern Gas Light and Coke Company, Appellant.\nGen. No. 18,327.\n(Not to he reported in full.)\nAppeal from the Circuit Court of .Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.\nAffirmed.\nOpinion filed October 9, 1913.\nRehearing denied October 23, 1913.\nStatement of the Case.\nAction by 0. F. Browder against the Northwestern G-as Light and Coke Company to recover for personal injuries sustained by plaintiff through the negligence of defendant\u2019s servant. From a judgment for plaintiff, defendant appeals.\nSears, Meagher & Whitney, for appellant; James F. Meagher and Edwin Hedrick, Jr., of counsel.\nChase R. Rankin and John W. Lee, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number\u00bb"
  },
  "file_name": "0026-01",
  "first_page_order": 50,
  "last_page_order": 51
}