{
  "id": 2913061,
  "name": "Patrick McCarthy, Appellee, v. C. H. Morgan and J. H. Sullivan, trading as C. H. Morgan and Company, Appellants",
  "name_abbreviation": "McCarthy v. Morgan",
  "decision_date": "1917-12-24",
  "docket_number": "Gen. No. 23,477",
  "first_page": "244",
  "last_page": "245",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 244"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 207,
    "char_count": 2679,
    "ocr_confidence": 0.529,
    "sha256": "98c5621191b72e5150ea7d7bc578bdc9cc0ade162c5d5c5f7f9b2554d671ff41",
    "simhash": "1:345f10f2c4bc04f8",
    "word_count": 446
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Patrick McCarthy, Appellee, v. C. H. Morgan and J. H. Sullivan, trading as C. H. Morgan and Company, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Holdom\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Holdom"
      }
    ],
    "attorneys": [
      "Winston & Lowy, for appellants.",
      "John F. Bolton and Moses H. KAMERMAN,.for appellee."
    ],
    "corrections": "",
    "head_matter": "Patrick McCarthy, Appellee, v. C. H. Morgan and J. H. Sullivan, trading as C. H. Morgan and Company, Appellants.\nGen. No. 23,477. (Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. William N. G-bmmill, Judge, presiding.\nHeard in this court at the October term, 1917.\nReversed and judgment of nil capiat and for costs here.\nOpinion filed December 24, 1917.\nStatement of the Case.\nAction by Patrick McCarthy, plaintiff, against C. H. Morgan and J. H. Sullivan, trading as C. H. Morgan & Company, defendants, to recover for injury to plaintiff\u2019s horse. From a judgment for plaintiff for $100, on remittitur, defendants appeal.\nPlaintiff\u2019s statement of claim was:\n\u201cPlaintiff\u2019s claim is for damages to his horse; for vet\u00e9rinary services expended in attempting to cure said animal; for loss of services, all occasioned by the negligence of the defendants, and each of them, their agents and servants in that behalf, in carelessly and negligently operating their automobile on, to-wit: October 20, 1913, at or near the intersection of 51st street and Vincennes avenue in the City of Chicago; and without giving any warning of the approach of said automobile, and for running the same at a dangerous and reckless rate of speed, and for the negligent operation thereof, resulting in damage to the plaintiff as follows: depreciation of value of horse, $275; loss of services of horse, 24 days at $6 per day, $144 (said horse being part of double team). Veterinary bill for attending said horse, $10. Total $429.\u201d\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 13 \u2014when pleadings do not state cause of action for negligent operation of automobile. Statement of claim or pleadings altogether, held not to state a cause of action for injury to plaintiff\u2019s horse, by the negligent operation of defendant\u2019s automobile.\n2. Municipal Court of Chicago, \u00a7 13*\u2014what is effect of failure to malee motion for more specific statement of claim. Failure to make a motion for a more specific statement of claim does not waive the defect of a total failure of a statement of claim to state a cause of action.\n3. Municipal Court of Chicago, \u00a7 ?>l*~when final judgment rendered without remanding. Where an amended statement of claim, if filed upon remanding, would be vulnerable to a plea of the statute of limitations, judgment will be reversed and judgment of nil capiat and for costs entered in Appellate Court.\nWinston & Lowy, for appellants.\nJohn F. Bolton and Moses H. KAMERMAN,.for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0244-01",
  "first_page_order": 272,
  "last_page_order": 273
}