{
  "id": 2966684,
  "name": "Evelyn Boland, Appellee, v. George J. Gay, Appellant",
  "name_abbreviation": "Boland v. Gay",
  "decision_date": "1916-04-21",
  "docket_number": "",
  "first_page": "359",
  "last_page": "360",
  "citations": [
    {
      "type": "official",
      "cite": "201 Ill. App. 359"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 233,
    "char_count": 3229,
    "ocr_confidence": 0.546,
    "pagerank": {
      "raw": 4.7492960360752035e-08,
      "percentile": 0.29849134061483895
    },
    "sha256": "78073e3f7953d859feac87a935c03e3dea0e0142d2c20ca949c7d7487db51550",
    "simhash": "1:a84ee2a7d017a6c9",
    "word_count": 553
  },
  "last_updated": "2023-07-14T15:52:04.845486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Evelyn Boland, Appellee, v. George J. Gay, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Thompson\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Thompson"
      }
    ],
    "attorneys": [
      "Dwyer & Dwyer, for appellant.",
      "Thomas A. Graham, for appellee."
    ],
    "corrections": "",
    "head_matter": "Evelyn Boland, Appellee, v. George J. Gay, Appellant.\n(Fot to be reported in full.)\nAppeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. Heard in this court at the October term, 1915.\nAffirmed.\nOpinion filed April 21, 1916.\nRehearing denied June 30, 1916.\nStatement of the Case.\nAction \"by Evelyn Boland, plaintiff, against George J. Gay, defendant, to recover for personal injuries sustained by the plaintiff while riding in a taxicab belonging to the defendant. From a judgment for plaintiff, defendant appeals.\nDefendant insisted that the chauffeur of the taxicab was not acting within the scope of his employment and on his master\u2019s business at the time of the accident. He admitted that Small was employed by the week to run the machine in the nighttime, and that it was his duty to go where the business required. He also admitted that when he left on a trip he authorized Small to go ahead with the business, and that while his hours were from two o\u2019clock in the afternoon to two o\u2019clock in the morning, he some nights ran until three and at times up to four, o\u2019clock in the morning, and that he would accept what was earned. The taxicab office was in the defendant\u2019s hotel and whoever answered the telephone calls in the hotel had authority to take the call. Plaintiff, by telephone from Lyons, called the hotel for the taxicab about 2 a. m. and the taxicab appeared to have been sent in response to the call. Small stated he went with the machine to Lyons for a ride without being called by telephone, and that he was going to keep the fare collected and not pay it to defendant. Small employed a lawyer to prosecute a claim against the defendant for injuries he sustained at the time of the accident, and received one hundred dollars from the hands of his attorney.\nAbstract of the Decision.\n1. Carriers, \u00a7 484 \u2014when instruction on liability of taxicab carrier correct. In an action for personal injuries sustained by a passenger riding in a taxicab, an instruction that \u201ccommon carriers of persons for hire are required to do all that human care, vigilance and foresight can reasonably do, consistent with the character and mode of conveyance adopted and the practical prosecution of the business, to prevent accidents to passengers while being carried by them,\u201d held to state the correct rule as to the liability of a carrier of passengers by taxicab.\n2. Carriers, \u00a7 8a*\u2014who is common carrier. In an action for personal injuries sustained by plaintiff while riding as a passenger in the defendant\u2019s taxicah, evidence held to show that the defendant held himself out as a common carrier of passengers.\n3. Principal and agent, \u00a7 8*\u2014when evidence sufficient to show acts by servant within scope of employment. In an action for personal injuries sustained by the plaintiff while riding as a passenger in the defendant\u2019s taxicab, evidence held to show that the defendant\u2019s chauffeur was acting within the scope of his employment at the time of the accident.\nDwyer & Dwyer, for appellant.\nThomas A. Graham, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0359-01",
  "first_page_order": 401,
  "last_page_order": 402
}