{
  "id": 5386585,
  "name": "Margaret Carey, Plaintiff in Error, v. Chicago Railways Company, Defendant in Error",
  "name_abbreviation": "Carey v. Chicago Railways Co.",
  "decision_date": "1914-10-06",
  "docket_number": "Gen. No. 19,729",
  "first_page": "450",
  "last_page": "451",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ill. App. 450"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 220,
    "char_count": 3034,
    "ocr_confidence": 0.594,
    "sha256": "ff40ccf248942ad9702740d0085695636b2565b27b8bbabc12d22dde29d41026",
    "simhash": "1:fd5367f4deb9b985",
    "word_count": 498
  },
  "last_updated": "2023-07-14T18:17:45.032867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Margaret Carey, Plaintiff in Error, v. Chicago Railways Company, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Mb. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Instructions, \u00a7 52*\u2014use of mandatory words: Where an instruction is to direct the jury to find for the party that proves his case by a preponderance of the evidence, the direction should be mandatory by the use of the word \u201cshall\u201d or \u201cshould,\u201d though the use of the word \u201cwill\u201d will not be considered improperly employed.\n3. Carriers, \u00a7 525*\u2014when testimony improperly stricken out as hearsay evidence. In an action against a street railway company to recover for a malicious assault by defendant\u2019s conductor in ejecting plaintiff from one of its cars, plaintiff swore that she gave the conductor a transfer and she was corroborated as to such fact by another passenger who also swore that she told the conductor before ejecting plaintiff that she had paid her fare, and plaintiff also testified as to what said passenger told the conductor but the court struck out the testimony as hearsay evidence, held that the court erred in striking out the testimony for the reason it tended to show what information the conductor had before ejecting plaintiff, and was material and direct evidence bearing on the question of malice and the character of his subsequent conduct.",
        "type": "majority",
        "author": "Mb. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Smietanka, Johnson, Molthrop & Polkey, for plaintiff in error; Charles P. Molthbop, of counsel.",
      "Robert J. Slater and Alfred B. Davis, for defendant in error; John R. Guilliams and Frank L. Kriete, of counsel."
    ],
    "corrections": "",
    "head_matter": "Margaret Carey, Plaintiff in Error, v. Chicago Railways Company, Defendant in Error.\nGen. No. 19,729.\n(Not to he reported in full.)\nAbstract of the Decision.\n1. Instructions, \u00a7 154 \u2014when modification by substituting word \u201cmay\" for \u201cmil\u201d misleading. Where an instruction as offered told the jury \u201cthat it is the duty of plaintiff to prove her case by a preponderance or greater weight of the evidence, and if the jury believe that the evidence bearing upon the plaintiff\u2019s case, as laid in her declaration or any count thereof, proponderates in her favor, they will find the defendant guilty,\u201d was modified by the court in substituting for the word \u201cwill\u201d the word \u201cmay\u201d in the final clause,' held the modification rendered the instruction misleading, as conveying the idea that the direction to find the defendant guilty was discretionary, and that the misleading character of the instruction was sufficient to require a reversal.\nError to the Superior Court of Cook county; the Hon. Henry V. Freeman, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed October 6, 1914.\nStatement of the Case.\nAction by Margaret Carey against Chicago Railways Company to recover for an assault by defendant\u2019s con-ductor in ejecting plaintiff from one of its cars. To. reverse a judgment for defendant, plaintiff prosecutes a writ of error.\nSmietanka, Johnson, Molthrop & Polkey, for plaintiff in error; Charles P. Molthbop, of counsel.\nRobert J. Slater and Alfred B. Davis, for defendant in error; John R. Guilliams and Frank L. Kriete, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0450-01",
  "first_page_order": 470,
  "last_page_order": 471
}