{
  "id": 3024163,
  "name": "Andrew P. Gustavson, Appellee, v. George C. Hester, Appellant",
  "name_abbreviation": "Gustavson v. Hester",
  "decision_date": "1918-06-14",
  "docket_number": "Gen. No. 23,682",
  "first_page": "439",
  "last_page": "440",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 439"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 209,
    "char_count": 2791,
    "ocr_confidence": 0.499,
    "sha256": "a1a66809ceb3e93e293dc4eb7674e05f4dc12bb20f2151b9e4d71aac5e3c15ab",
    "simhash": "1:0b77c0045c5d92f4",
    "word_count": 470
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Andrew P. Gustavson, Appellee, v. George C. Hester, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Matchett\ndelivered the opinion of the court.\n2. Automobiles and oarages, \u00a7 3 \u2014 when instruction is erroneous because directing verdict and omitting question of due care. In an action for injuries caused by an automobile collision, an instruction which informed the jury as to the law of speed applicable as expressed in the words of the statute and then directed that \u201cif you believe from a preponderance of the evidence in this case that the defendant drove his car in violation of the law herein set forth and caused the damage and injury to the plaintiff * * * then you should find the defendant guilty,\u201d is erroneous as directing a verdict and omitting the question of due care on plaintiff\u2019s part.\n3. Negligence, \u00a7 202* \u2014 when question of imputed is one of fact. The question of whether a minor driving an automobile is under such control of the parent as to render the minor\u2019s negligence imputable to the parent so as to bar his recovery for injuries is a question of fact.\n4. Negligence, \u00a7 157* \u2014 when burden lies upon plaintiff to show exercise of due care. The burden is upon plaintiff, in an action for personal injuries negligently inflicted, to show that at the time of the injury he was in the exercise of due care.\n5. Appeal and ebror, \u00a7 369* \u2014 when theory of case may not be changed on appeal. Where plaintiff tried the case below on the theory that his minor son, who drove the automobile in which he was riding, was his agent and driving in his behalf, he cannot on appeal change his theory so as to claim that the negligence of the son was not imputable to him.",
        "type": "majority",
        "author": "Mr. Justice Matchett"
      }
    ],
    "attorneys": [
      "Zimmerman, Garrett & Rundale, for appellant.",
      "Edward H. Taylor, for appellee; Leland V. Pierson, of counsel."
    ],
    "corrections": "",
    "head_matter": "Andrew P. Gustavson, Appellee, v. George C. Hester, Appellant.\nGen. No. 23,682.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Automobiles and garages, \u00a7 3 \u2014 when negligence of respective drivers of colliding automobiles is question for fury. Conflicting evidence held to present a question for the jury as to the negligence of the respective drivers of two automobiles colliding on a public street while proceeding in opposite directions.\nAppeal from the Circuit Court of Cook county; the Hon. Richard S. Tothiix, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.\nReversed and remanded.\nOpinion filed June 14, 1918.\nStatement of the Case.\nAction by Andrew P. Gustavson, plaintiff, against George C. Hester, defendant, to recover damages for personal injuries sustained in an automobile collision. From a judgment for plaintiff, defendant appeals.\nZimmerman, Garrett & Rundale, for appellant.\nEdward H. Taylor, for appellee; Leland V. Pierson, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0439-01",
  "first_page_order": 493,
  "last_page_order": 494
}
