{
  "id": 2839444,
  "name": "G. W. Bryant, Appellee, v. Vandalia Railroad Company, Appellant",
  "name_abbreviation": "Bryant v. Vandalia Railroad",
  "decision_date": "1913-10-16",
  "docket_number": "",
  "first_page": "284",
  "last_page": "285",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 284"
    }
  ],
  "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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    "ocr_confidence": 0.528,
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    "simhash": "1:af27ef77eeef9075",
    "word_count": 512
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  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "G. W. Bryant, Appellee, v. Vandalia Railroad Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Philbrick\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Philbrick"
      }
    ],
    "attorneys": [
      "' Outten, Ewing, McCullough & Wierman and E. J. Miller, for appellant.",
      "John E. Jennings, for appellee."
    ],
    "corrections": "",
    "head_matter": "G. W. Bryant, Appellee, v. Vandalia Railroad Company, Appellant.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Moultrie county; the Hon. William G. Cochean, Judge, presiding.\nHeard in this court at the April term, 1913.\nReversed and remanded.\nOpinion filed October 16, 1913.\nStatement of the Case.\nAction by G. W. Bryant against Vandalia Railroad Company to recover for services rendered to defendant by plaintiff as station agent. Suit was commenced before a justice of the peace and plaintiff recovered a judgment. Defendant then appealed to the Circuit Court where judgment was rendered in favor of plaintiff for one hundred and thirty-five dollars, and from that judgment defendant appeals.\nAbstract of the Decision.\n1. Master and servant, \u00a7 71 \u2014when station agent for railroad company not chargeable with loss resulting from mistake in sale of tickets. Where a station agent in the employ of a railroad company makes a mistake in selling excursion tickets at a price below the tariff rates, in an action by such agent against the railroad company for wages held that the company cannot charge him with the less occasioned by the sale of the tickets, where the proof shows that the agent used his best judgment and every available effort for the purpose of ascertaining the rate, and after consulting the traveling passenger agent \u00aef the company availed himself of every means at his command to ascertain the correct fare.\n2. Master and servant, \u00a7 88 \u2014allowance of attorney\u2019s fees in an action for wages. Under the statute entitling plaintiff to attorney\u2019s fees in an action for wages, where trial is by jury, the question as to the amount of attorney\u2019s fees is for the court; but before such fees may be allowed it is necessary that the jury should find that the amount due was the amount demanded of defendant in the written demand made by plaintiff, and -find that the amount was due for labor, wages, etc.\n3. Master and servant, \u00a7 88 \u2014when submission to jury of question as to amount of attorney\u2019s fees is error. In an action by a station agent against a railroad company to recover wages, where demand is made under R. S. 1909, c. 13, \u00b6 13, J. & A. \u00b6 5285, to recover attorney\u2019s fees held error for the court to submit to the jury the question of the amount of attorney\u2019s fees and judgment rendered on a general verdict for wages including attorney\u2019s fees reversed.\n4. Master and servant, \u00a7 88 \u2014persons entitled to attorney\u2019s fees in action for toages. R. S. 1909, c. 13, \u00b6 13, J. & A. \u00b6 5285, permitting a recovery of attorney\u2019s fees in an action for wages, held broad enough in its terms to permit the recovery of attorney's fees by a person employed by a railroad company as station agent.\n' Outten, Ewing, McCullough & Wierman and E. J. Miller, for appellant.\nJohn E. Jennings, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0284-01",
  "first_page_order": 308,
  "last_page_order": 309
}