{
  "id": 2858775,
  "name": "L. R. Van Allen, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error",
  "name_abbreviation": "Van Allen v. Western Union Telegraph Co.",
  "decision_date": "1914-06-24",
  "docket_number": "Gen. No. 18,556",
  "first_page": "390",
  "last_page": "391",
  "citations": [
    {
      "type": "official",
      "cite": "187 Ill. App. 390"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 184,
    "char_count": 2399,
    "ocr_confidence": 0.547,
    "sha256": "b951bbd79e7d66c7c505fa66d6da1ca4a272ca3e3bfb522b9ad87a075435dd49",
    "simhash": "1:c321c2f3880c709c",
    "word_count": 403
  },
  "last_updated": "2023-07-14T20:57:10.884591+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "L. R. Van Allen, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Duncan\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Duncan"
      }
    ],
    "attorneys": [
      "West & Eckhart, for plaintiff in error.",
      "Bell & Cross, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "L. R. Van Allen, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error.\nGen. No. 18,556.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John D. Turnbaugh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.\nReversed and remanded.\nOpinion filed June 24, 1914.\nStatement of the Case.\nAction by L. E. Van Allen against Western Union Telegraph Company in assumpsit to recover damages for loss of time and expenditures resulting from an error in the transmission of a telegram. The telegram delivered by plaintiff to defendant for transmission to plaintiff was as follows:\n\u201cIf any mail or telegram for me there now, please forward to St. Paul, care Frederic Hotel, to arrive be- ' fore four p. m. July 10th, after that hold.\u201d\nAbstract of the Decision.\n1. Telegraphs and telephones, \u00a7 31 \u2014Mobility for failure to transmit messages correctly. While it is the duty of a telegraph company to transmit the messages correctly as delivered to it, its liability for its failure to do so is the actual damages occasioned by reason of the breach of the contract\n2. Telegraphs and telephones, \u00a7 36*\u2014burden of proof. In an action against a telegraph company for damages resulting from error in the transmission of a telegram, the burden is on the plaintiff to show that he was damaged and what his damages consisted of.\n3. Telegraphs and telephones, \u00a7 37*\u2014when recovery for error in telegram not sustained by the evidence. In an action against a telegraph company for loss of time and expenditures resulting to plaintiff from an error in the transmission of a telegram, evidence held insufficient to sustain a recovery for loss of time and insufficient to sustain the amount recovered for expenditures, there being no evidence of what plaintiff\u2019s daily earnings were and no evidence that the error in the transmission was the cause of different items of expenses.\nIn the course of transmission the word \u201cFrederic\u201d was changed to \u201cFilday,\u201d with the result that plaintiff never received his mail in St. Paul. To reverse a judgment in favor of plaintiff for $58.60, defendant prosecutes a writ of error.\nWest & Eckhart, for plaintiff in error.\nBell & Cross, for defendant in error.\nSee Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0390-01",
  "first_page_order": 416,
  "last_page_order": 417
}