{
  "id": 5411684,
  "name": "Andrew Jackson, Defendant in Error, v. William A. Burns et al., Defendants. William A. Burns, Plaintiff in Error",
  "name_abbreviation": "Jackson v. Burns",
  "decision_date": "1917-01-08",
  "docket_number": "Gen. No. 22,512",
  "first_page": "196",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "203 Ill. App. 196"
    }
  ],
  "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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    "sha256": "a270edf909b85d03ce5111ca402bcea742140f2ed05612f70e847bde3f0eb90f",
    "simhash": "1:eb7c0b3e6204c1b4",
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  "last_updated": "2023-07-14T17:03:43.745976+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Andrew Jackson, Defendant in Error, v. William A. Burns et al., Defendants. William A. Burns, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Adams, Crews, Bobb & Wescott, for plaintiff in error; Asa (\u00a1K Adams and E. C. Tourje, of counsel,",
      "William Scott Stewart, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Andrew Jackson, Defendant in Error, v. William A. Burns et al., Defendants. William A. Burns, Plaintiff in Error.\nGen. No. 22,512.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John Cotjetney, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed January 8, 1917.\nStatement of the Case.\nAction by Andrew Jackson, plaintiff, against William A. Bums and W. Tudor ApMadoe, defendants, to recover for damages to plaintiff\u2019s automobile received in a collision alleged to have been caused through the carelessness and improper management of defendants\u2019 respective automobiles. From a judgment on trial by the court finding defendant ApMadoe not guilty and defendant Burns guilty and assessing plaintiff\u2019s damages at $285, defendant Burns brings error.\nPlaintiff\u2019s statement of claim alleged that Burns so negligently, recklessly and improperly ran his automobile that as a direct result thereof the automobile of ApMadoe and the automobile of plaintiff were brought into violent collision. Defendant Burns by his affidavit of defense denied that he so operated his automobile that, either directly or indirectly, he caused any other automobile to come in contact with or be the proximate cause of any collision between plaintiff\u2019s automobile and any other automobile. Defendant did not ask for a more particular statement of claim, but joined issue upon the essential fact of his negligence causing the damage to plaintiff\u2019s automobile.\nAdams, Crews, Bobb & Wescott, for plaintiff in error; Asa (\u00a1K Adams and E. C. Tourje, of counsel,\nAbstract of the Decision.\n1. Pleading, \u00a7 466 \u2014when defeat in plea is cured by verdict. Where there is defect, imperfection or omission in any pleading, whether in substance or in form, which would have been a fatal objection upon demurrer, yet if the issue joined be such as necessarily required, on the trial, proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection or omission is cured by the verdict.\n2. Municipal Court of Chicago, \u00a7 13 \u2014what statement of claim in action for negligence need not specify. In an action to recover damages for injury to an automobile due to a collision with other automobiles, it is unnecessary to specify the acts which constituted negligence in a statement of claim.\n3. Municipal Court of Chicago, \u00a7 13 \u2014when defendant is precluded from complaining of insufficiency of statement of claim. Where a statement of claim in an action for damages to plaintiff\u2019s automobile alleges that one of the defendants negligently, recklessly and improperly ran an automobile, and as a direct result thereof the automobile of the other defendant and the automobile of plaintiff were brought into violent collision, which was denied by an affidavit of defense, and a more particular statement of claim is not asked, but issue is joined upon the essential fact of the negligence causing an injury to plaintiff\u2019s automobile, the defendant whose action is alleged to have caused the injury is precluded from complaining of insufficiency of the statement of claim.\n4. Automobiles and garages, \u00a7 3 \u2014when evidence is sufficient to show that negligent operation of automobile of defendant found guilty was proximate cause of damage to plaintiff\u2019s oar. In an action to recover damages for injury to an automobile received in a collision, and alleged to have been caused through the carelessness and improper management of defendants\u2019 respective automobiles, where there was evidence tending to show that the defendant found guilty, came into the street on which the accident occurred from a cross street at a high rate of speed, and the other defendant\u2019s automobile, in veering away to avoid such incoming automobile, collided with plaintiff\u2019s car, evidence held sufficient to sustain a finding that the negligent operation of the automobile of the defendant found guilty was the proximate cause \u00f3f the damage to plaintiff\u2019s car.\nWilliam Scott Stewart, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number. \" \u2022"
  },
  "file_name": "0196-01",
  "first_page_order": 220,
  "last_page_order": 222
}