{
  "id": 2917708,
  "name": "J. B. Kilroy, Appellant, v. Justrite Manufacturing Company, Appellee",
  "name_abbreviation": "Kilroy v. Justrite Manufacturing Co.",
  "decision_date": "1918-03-05",
  "docket_number": "Gen. No. 23,787",
  "first_page": "499",
  "last_page": "500",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 499"
    }
  ],
  "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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  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. B. Kilroy, Appellant, v. Justrite Manufacturing Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Holdom\ndelivered the opinion of the court.\n2. Automobiles and garages, \u00a7 6*\u2014when violation of ordinance is proximate cause of accident. The failure of defendant in driving his automobile to observe a city ordinance inhibiting any vehicle from driving onto a boulevard without first bringing such vehicle to a full and complete stop was negligence attributable to defendant which was the proximate cause of the accident to plaintiff\u2019s automobile.\n3. Automobiles and garages, \u00a7 6*\u2014when driver of automobile colliding with another automobile not guilty of contributory negligence. The driver of an automobile has the right to assume that the driver of another automobile, with which it collides, will obey an ordinance prohibiting any vehicle from being driven onto any boulevard without 'first bringing such vehicle to a full stop, and he is not guilty of contributory negligence in acting upon such assumption.",
        "type": "majority",
        "author": "Mr. Presiding Justice Holdom"
      }
    ],
    "attorneys": [
      "F. J. Canty and J. C. M. Clow, for appellant.",
      "Sabath, Stafford & Sabath, for appellee; Charles B. Stafford, of counsel."
    ],
    "corrections": "",
    "head_matter": "J. B. Kilroy, Appellant, v. Justrite Manufacturing Company, Appellee.\nGen. No. 23,787. (Not to be reported in full.)\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 18 \u2014when denial of motion for nonsuit is improper. On trial by the court without a jury of an action in the Municipal Court of Chicago, the denial of a motion for a nonsuit made upon indication by the court in remarks, upon a motion by defendant for a finding, in defendant\u2019s favor, that the court was inclined to grant the latter motion, was erroneous, as the decision of the latter motion was not the finding contemplated by section 70, ch. 110, title \u201cPractice\u201d (J. & A. If 8607), providing that a plaintiff may suffer a nonsuit before submission of the case to the court for final decision, and section 30 of the Municipal Court Act (J. & A. U 3342), providing that a plaintiff may suffer a nonsuit before the court states its finding.\nAppeal from the Municipal Court of Chicago; the Hon. Hugh R. Stjswart, Judge, presiding.\nHeard in this court at the October term, 1917.\nReversed and remanded with directions.\nOpinion filed March 5, 1918.\nStatement of the Case.\nAction by J. B. Kilroy, plaintiff, against Justrite Manufacturing Company, a corporation, defendant, to recover damages for injuries to plaintiff\u2019s automobile from a collision with defendant\u2019s. From a judgment of nil capiat, plaintiff appeals.\nF. J. Canty and J. C. M. Clow, for appellant.\nSabath, Stafford & Sabath, for appellee; Charles B. Stafford, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0499-01",
  "first_page_order": 527,
  "last_page_order": 528
}