{
  "id": 5417099,
  "name": "Gratz B. Smith, Defendant in Error, v. Dominick Marubio, sued as Dominick Marubio Transfer Company, Plaintiff in Error",
  "name_abbreviation": "Smith v. Marubio",
  "decision_date": "1916-12-13",
  "docket_number": "Gen. No. 21,458",
  "first_page": "183",
  "last_page": "184",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 183"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 165,
    "char_count": 2021,
    "ocr_confidence": 0.532,
    "sha256": "48ff35aaaccd4c0e2e770fd5f71f3ca59f2439e20ca7d7a2530ce4546ab185dd",
    "simhash": "1:6569ec24f02fa0b8",
    "word_count": 324
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gratz B. Smith, Defendant in Error, v. Dominick Marubio, sued as Dominick Marubio Transfer Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice O\u2019Connor\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "D. K. Cochrane, for plaintiff in error.",
      "John J. Lupe, for defendant in error; Rudolph Frankenstein, of counsel."
    ],
    "corrections": "",
    "head_matter": "Gratz B. Smith, Defendant in Error, v. Dominick Marubio, sued as Dominick Marubio Transfer Company, Plaintiff in Error.\nGen. No. 21,458.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Hugh J. Keabns, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed.\nOpinion filed December 13, 1916.\nStatement of the Case.\nAction by Gratz B. Smith, plaintiff, against Dominick Marubio, sued as Dominick Marubio Transfer Company, a corporation, defendant, to recover for personal injuries sustained by the plaintiff as the result of a collision between the plaintiff\u2019s wagon and defendant\u2019s truck. To review a judgment for plaintiff, defendant prosecutes a writ of error.\nD. K. Cochrane, for plaintiff in error.\nJohn J. Lupe, for defendant in error; Rudolph Frankenstein, of counsel.\nAbstract of the Decision.\n1. Roads and bridges, \u00a7 239 \u2014when evidence shows collision caused by defendant\u2019s negligence. In an action to recover for personal injuries resulting from a collision between the plaintiff\u2019s wagon and a truck belonging to the defendant, alleged to have been caused by the negligence of the defendant\u2019s driver, evidence held not to justify a reversal of a judgment for the plaintiff.\n2. Damages, \u00a7 167*\u2014^when variance is cured by amendment. In an action for personal injuries, held that the contention of the defendant that testimony of physicians, who had attended the plaintiff, as to the reasonable value of their services was improperly admitted because the plaintiff\u2019s statement of claim averred that he had expended certain sums of money while the evidence showed that he had not paid the physician but had become liable to do so, was untenable, since, after the evidence was introduced, the court permitted the plaintiff to amend the statement of claim to correspond with the proof.\nSee Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0183-01",
  "first_page_order": 209,
  "last_page_order": 210
}