{
  "id": 2837392,
  "name": "Johanna Theisen, Defendant in Error, v. Axel Nogard and Harry E. Lawver, Plaintiffs in Error",
  "name_abbreviation": "Theisen v. Nogard",
  "decision_date": "1913-11-03",
  "docket_number": "Gen. No. 18,152",
  "first_page": "158",
  "last_page": "159",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 158"
    }
  ],
  "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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    "char_count": 2057,
    "ocr_confidence": 0.518,
    "pagerank": {
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    "sha256": "599311dba7e8ce2e470242ffe450e670e093219bbcb2ab818957b31df3285027",
    "simhash": "1:dd3b712660ae0f18",
    "word_count": 338
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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": [
      "Johanna Theisen, Defendant in Error, v. Axel Nogard and Harry E. Lawver, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Brown"
      }
    ],
    "attorneys": [
      "James B. Poynton and Pattison & Shaw, for plaintiffs in error; Douglas C. Gregg, of counsel.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Johanna Theisen, Defendant in Error, v. Axel Nogard and Harry E. Lawver, Plaintiffs in Error.\nGen. No. 18,152.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding. Heard in this court at the March term, 1912.\nReversed with finding of facts.\nOpinion filed November 3, 1913.\nStatement of the Case.\nAction by Johanna Theisen against Axel Nogard and Harry E. Lawver, trading as Harvard Dentists, to recover damages for injuries sustained Tby plaintiff alleged to have been caused by malpractice and negligence of defendants in performing dental work for plaintiff. From a judgment in favor of plaintiff for two hundred and seventy-five dollars, defendant brings error.\nAbstract of the Decision.\n1. Physicians and surgeons, \u00a7 22 \u2014when evidence insufficient to show malpractice in dental work. In an action to recover damages for malpractice in dental surgery and for negligence in performing dental work, causing plaintiff to suffer from a splintered and broken jaw, evidence held insufficient to sustain a recovery by plaintiff where it does not show malpractice nor the employment of any method other than that usually employed by dentists and there is no evidence of \u201ca splintered and broken jaw.\u201d\n2. Damages, \u00a7 206 \u2014necessity of instruction being based on the evidence. Instruction informing the jury that they might consider the loss of time and the damages from permanent as well as temporary injuries, if they are proved, is erroneous where there is no evidence of the value of the time \u201clost\u201d nor any evidence of \u201cpermanent injuries\u201d in the record.\n3. Instructions, \u00a7 118 \u2014necessity of being based on pleadings and evidence. An instruction must be on a theory advanced by the pleadings and which there is some evidence to support.\nJames B. Poynton and Pattison & Shaw, for plaintiffs in error; Douglas C. Gregg, of counsel.\nNo appearance for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0158-01",
  "first_page_order": 180,
  "last_page_order": 181
}