{
  "id": 2831906,
  "name": "L. R. Green, Appellant, v. Fred E. Streitmatter, Appellee",
  "name_abbreviation": "Green v. Streitmatter",
  "decision_date": "1913-08-02",
  "docket_number": "Gen. No. 5,810",
  "first_page": "25",
  "last_page": "26",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 25"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:6ce7ca18200e26b9",
    "word_count": 332
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  "last_updated": "2023-07-14T19:57:27.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. R. Green, Appellant, v. Fred E. Streitmatter, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dibell\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Automobiles and garages, \u00a7 3 \u2014when evidence does not establish liability for collision. In an action for injuries sustained by the driver of a horse and surrey resulting from an automobile colliding with plaintiff\u2019s horse, held that there was evidence that plaintiff was guilty of contributory negligence and that the verdict for defendant was sustained by the evidence.\n2. Instructions, \u00a7 114 \u2014conformity with issues. Instructions on issues not submitted by the declaration may be properly' refused.\n3. Negligence, \u00a7 208 \u2014when instruction on contributory negligence may be given. Instruction on question whether appellant was guilty of contributory negligence may be given notwithstanding the declaration contained no such averment.\n4. Appeal and error, \u00a7 1566 \u2014when refusal of instruction on measure of damages, harmless. Refusal of instruction on the measure of damages immaterial when the verdict was against appellant.\n5. Appeal and error, \u00a7 581*\u2014exception to overruling of motion for new trial unnecessary. Under the Practice Act, \u00a7 81, as amended by Act of 1911, J. & A. jf 8618, an exception\u2019 to the overruling of a motion for a new trial is unnecessary and need not be contained in the bill of exceptions.",
        "type": "majority",
        "author": "Mr. Justice Dibell"
      }
    ],
    "attorneys": [
      "John B. King, for appellant.",
      "Dailey & Miller, for appellee."
    ],
    "corrections": "",
    "head_matter": "L. R. Green, Appellant, v. Fred E. Streitmatter, Appellee.\nGen. No. 5,810.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Peoria county; the Hon. Leslie D. Puterbaugh, Judge, presiding. Heard in this court at the April term, 1913.\nAffirmed.\nOpinion filed August 2, 1913.\nStatement of the Case.\nAction by L. B. Green against Fred E. Streitmatter to recover damages sustained by plaintiff resulting from the alleged negligence of defendant in driving his automobile so as to collide with a horse plaintiff was driving on the highway. From a judgment in favor of defendant for costs, plaintiff appeals.\nJohn B. King, for appellant.\nDailey & Miller, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0025-01",
  "first_page_order": 47,
  "last_page_order": 48
}
