{
  "id": 5416724,
  "name": "Mabel Ware Anderson, Appellee, v. Decatur Railway & Light Company, Appellant",
  "name_abbreviation": "Anderson v. Decatur Railway & Light Co.",
  "decision_date": "1915-10-13",
  "docket_number": "",
  "first_page": "646",
  "last_page": "647",
  "citations": [
    {
      "type": "official",
      "cite": "200 Ill. App. 646"
    }
  ],
  "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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    "ocr_confidence": 0.618,
    "sha256": "790aa68fdc215309f5276b2397d617a128a267611ccf536fa9637dfcea6a1627",
    "simhash": "1:4fe1a38c50170631",
    "word_count": 460
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  "last_updated": "2023-07-14T15:50:22.374886+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mabel Ware Anderson, Appellee, v. Decatur Railway & Light Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Eldredge\ndelivered the opinion of the court.\n3. Instructions, \u00a7 118*\u2014when not objectionable as not referring to evidence. An instruction stating an abstract proposition of law is not objectionable in that it does not refer to the evidence.\n4. Carriers, | 482*\u2014when instruction not erroneous. In view of the evidence, an instruction in an action by a street car passenger for personal injuries, held not erroneous as assuming a duty on the part of the motorman to sound a gong.\n5. Instructions, \u00a7 114*\u2014when should not be given. Instructions as to matters not in issue should not be given.\n6. New trial, \u00a7 96*\u2014when affidavit in support of motion for new trial insufficient. A new trial in a personal injury action, held properly denied on an affidavit stating that the plaintiff\u2019s physician, in an interview with the defendant\u2019s claim agent, omitted to state the details of the results of the plaintiff\u2019s injuries, it not being claimed that, as the result of such omission, the defendant was taken by surprise as to the extent of such injuries, and there being nothing in such affidavit showing that any wilful misrepresentation had been made.",
        "type": "majority",
        "author": "Mr. Presiding Justice Eldredge"
      }
    ],
    "attorneys": [
      "Crea & Housum, for appellant; George W. Burton, of counsel.",
      "Chester A. Smith, Charles F. Evans and Jesse L. Deck, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mabel Ware Anderson, Appellee, v. Decatur Railway & Light Company, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1401 \u2014when verdict not disturbed. In an action for personal injuries sustained as the result of the vehicle in which the plaintiff was riding, on a street car track, being struck by an overtaking street car, evidence held to justify the submission of the questions of negligence of the defendant and contributory negligence of- the plaintiff to the jury, and not to justify a reversal of the verdict as contrary to the evidence.\n2. Appeal and error, \u00a7 1466*\u2014when admission of evidence harmless error. In an action for personal injuries, admission of testimony that a witness heard a remark made which indicated to her that an accident, such as claimed by the plaintiff, had happened, held not reversible error, if error at all, there being no controversy as to whether or not such accident had happened.\nAppeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the April term, 1915.\nAffirmed.\nOpinion filed October 13, 1915.\nRehearing denied December 11, 1915.\nStatement of the Case.\nAction by Mabel Ware Anderson, plaintiff, against the Decatur Railway & Light Company, defendant, for damages for personal injuries. From a judgment for plaintiff, defendant appeals.\nCrea & Housum, for appellant; George W. Burton, of counsel.\nChester A. Smith, Charles F. Evans and Jesse L. Deck, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0646-01",
  "first_page_order": 668,
  "last_page_order": 669
}