{
  "id": 2843463,
  "name": "David E. Jeffris et al., copartners as Chicago Car Lumber Company, Appellants, v. Ayer & Lord Tie Company, Appellee",
  "name_abbreviation": "Jeffris v. Ayer & Lord Tie Co.",
  "decision_date": "1914-01-13",
  "docket_number": "Gen. No. 18,831",
  "first_page": "533",
  "last_page": "534",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 533"
    }
  ],
  "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": 2752,
    "ocr_confidence": 0.514,
    "sha256": "3d8321f0343818d10b3e9476a5e75bcd0c9a4a5a40387821a9a065b80a9f9a2c",
    "simhash": "1:821bdd0d5ced8a89",
    "word_count": 463
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David E. Jeffris et al., copartners as Chicago Car Lumber Company, Appellants, v. Ayer & Lord Tie Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 17 \u2014necessity of written motion to direct verdict. A motion for a directed verdict in the Municipal Court need not he in writing.\n2. Trover and conversion, \u00a7 39 \u2014rollen evidence insufficient to connect defendant with taking of plaintiff\u2019s property. In an action to recover the value of railroad ties alleged to belong to plaintiffs and to have been taken and used by defendant, evidence held insufficient to establish a prima facie case for plaintiffs, it appearing from the evidence that both parties had separate piles of ties at a certain place, and that the ties were distinguished by private marks, but the evidence to connect the defendant with the taking of the ties was largely circumstantial, which considered with other evidence did not fairly tend to show that defendant took the ties.\n3. Trover and conversion, \u00a7 38 \u2014when statement of defendant\u2019s employe inadmissible. In an action to recover the value of railroad ties alleged to have been taken and used by defendant, a statement by an employe of defendant made some two years after the event amounting to an admission that he took the ties, held inadmissible for the reason that it was no part of the res gestae.\n4. Evidence, \u00a7 185 \u2014when declaration of agents not admissible. Rule that declarations of an agent to be admissible must he part of the res gestae applies to corporations who can speak only through agents.\n5. Appeal and error, \u00a7 1467 \u2014when error in admission of incompetent evidence harmless. Whether error was committed in permitting one of plaintiff's witnesses on cross-examination to testify to a certain fact need not he considered where such evidence may well have been excluded in acting on a motion to direct a verdict.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Adams, Bobb & Adams, for appellants; S. G. Abbott and G. L. Wire, of counsel.",
      "C. C. Grassham and Jennings & Fiber, for appellee."
    ],
    "corrections": "",
    "head_matter": "David E. Jeffris et al., copartners as Chicago Car Lumber Company, Appellants, v. Ayer & Lord Tie Company, Appellee.\nGen. No. 18,831.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1912.\nAffirmed.\nOpinion filed January 13, 1914.\nStatement of the Case.\nAction by David K. Jeffris and others, copartners as Chicago Car Lumber Company, against Ayer & Lord Tie Company, a corporation, to recover the value of a quantity of certain railroad ties alleged to belong to plaintiffs and to have been taken and used by defendant. From a judgment in favor of defendant on a directed verdict, plaintiffs appeal.\nAdams, Bobb & Adams, for appellants; S. G. Abbott and G. L. Wire, of counsel.\nC. C. Grassham and Jennings & Fiber, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0533-01",
  "first_page_order": 557,
  "last_page_order": 558
}