{
  "id": 5414751,
  "name": "George Lowery, Appellee, v. Mack Ashton, Appellant",
  "name_abbreviation": "Lowery v. Ashton",
  "decision_date": "1916-10-13",
  "docket_number": "",
  "first_page": "536",
  "last_page": "537",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 536"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 160,
    "char_count": 2004,
    "ocr_confidence": 0.571,
    "sha256": "7a6c279cb2363edf74d5a452261112c65ab4095061e43fb4fa3a6aec4f9344e2",
    "simhash": "1:ac8f92d97e5fa6b0",
    "word_count": 332
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Lowery, Appellee, v. Mack Ashton, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Graves\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Graves"
      }
    ],
    "attorneys": [
      "Herrick & Herrick, Carl N. Weilipp and Redmon, Hogan & Redmon, for appellant.",
      "Whitley & Fitzgerald, for appellee."
    ],
    "corrections": "",
    "head_matter": "George Lowery, Appellee, v. Mack Ashton, Appellant.\n(Wot to be reported in full.)\nAppeal frojn the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the April term, 1916.\nReversed and remanded.\nOpinion filed October 13, 1916.\nRehearing denied December 2, 1916.\nStatement of the Case.\nAction of trespass for assault and battery by George Lowery, plaintiff, against, Mack Ashton, defendant. From a judgment for plaintiff for $1,000, defendant appeals.\nHerrick & Herrick, Carl N. Weilipp and Redmon, Hogan & Redmon, for appellant.\nWhitley & Fitzgerald, for appellee.\nAbstract of the Decision.\n1. Assault and battery, \u00a7 17 \u2014when instruction is improper as assuming facts and, as setting forth incorrect rule of damages. In an action for damages for assault and battery, an instruction reading \u201cyou have a right to take into consideration his health prior to the assault complained of and his health since such assault, if shown by the evidence,' and allow him such sum as you may believe from the evidence will compensate him for any such injuries * * *,\u201d held erroneous, as it assumed that the assault was made and that the plaintiff was damaged, and authorized the jury to estimate the damages in the light of a comparison of his health before and after the assault, regardless of whether the change in health was due to the assault or not.\n2. Assault and battery, \u00a7 19*\u2014when instruction is erroneous as assuming facts. In an action for damages for assault and battery, an instruction to the jury that they \u201cmay take into consideration that the plaintiff was again struck by the defendant while he, the defendant, was not acting in self-defense,\u201d held erroneous, as it assumed the fact to be that the defendant again struck the plaintiff, and that he did so when he was not acting in self-defense.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0536-01",
  "first_page_order": 562,
  "last_page_order": 563
}