{
  "id": 5397365,
  "name": "Henry T. Witwer, Appellant, v. John H. Curry, Appellee",
  "name_abbreviation": "Witwer v. Curry",
  "decision_date": "1917-04-13",
  "docket_number": "",
  "first_page": "318",
  "last_page": "319",
  "citations": [
    {
      "type": "official",
      "cite": "206 Ill. App. 318"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 191,
    "char_count": 2495,
    "ocr_confidence": 0.597,
    "sha256": "fc26f4332428e57a61dc30aa8edf4a9310bc66a923f1a5f18e89714ca32bfe2d",
    "simhash": "1:c327a155340e95b9",
    "word_count": 427
  },
  "last_updated": "2023-07-14T14:33:48.967362+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry T. Witwer, Appellant, v. John H. Curry, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Higbee\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1401 \u2014when verdict not disturbed. In an action to recover for damages to an automobile caused in the garage of the defendant, where on appeal from a justice of the peace the defendant filed a set-off for the value of materials and labor furnished by him, and the jury found in favor of defendant on his set-off, held that as the real question in controversy was one of fact, and as there was proof to sustain the\u2019 verdict, such verdict should not be disturbed.\n2. Appeal and error, \u00a7 1525*\u2014when giving of inaccurate instruction is not reversible error. In an action to recover for damages to an automobile caused in the garage of the defendant, where the defendant filed a set-off and the jury found in favor of the defendant on such set-off, held that although an instruction which stated that in order to recover, plaintiff was required to show by a preponderance of the evidence that his property was damaged through the negligence of plaintiff, and that he exercised reasonable caution to prevent such damage, was inaccurate and did not appear to apply to the facts in the case, the instructions as a whole fairly and correctly advised the jury of the law applicable to the facts in proof, and fully stated plaintiff\u2019s theory of the law, and therefore the inaccuracy could not have misled the jury, and the giving of it was not reversible error.\n* 3. Instructions, \u00a7 159*\u2014when sufficient upon consideration as a series. Instructions are to be considered as a single series, and when so considered it is sufficient, if, as a whole they state the law correctly, even though one or more of them standing alone may be erroneous.",
        "type": "majority",
        "author": "Mr. Justice Higbee"
      }
    ],
    "attorneys": [
      "Walter E. Rinehart, for appellant.",
      "G. P. Denton, for appellee."
    ],
    "corrections": "",
    "head_matter": "Henry T. Witwer, Appellant, v. John H. Curry, Appellee.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Effingham county; the Hon. W\u00edtlliam B. Weight, Judge; presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed April 13, 1917.\nStatement of the Case.\nAction by Henry T. Witwer, plaintiff, against John H. Curry, defendant, to recover for damages done to his automobile by employees of defendant. Defendant filed a set-off for materials furnished by him and labor performed in repairing the car. From a judgment for defendant for $37.50, plaintiff appeals.\nWalter E. Rinehart, for appellant.\nG. P. Denton, for appellee.\nSee Illinois Notes Digest, Vols, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0318-01",
  "first_page_order": 362,
  "last_page_order": 363
}