{
  "id": 2952232,
  "name": "S. S. Borden Company, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error",
  "name_abbreviation": "S. S. Borden Co. v. Western Union Telegraph Co.",
  "decision_date": "1917-03-20",
  "docket_number": "Gen. No. 21,965",
  "first_page": "353",
  "last_page": "354",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 353"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 178,
    "char_count": 2594,
    "ocr_confidence": 0.569,
    "sha256": "c67b2ae9ea42addcfdecf59d65c2974bf930a67fb7a5ee19558efdec51459b2a",
    "simhash": "1:567d8c21660f36b4",
    "word_count": 413
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  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "S. S. Borden Company, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Municipal Court of Chicago, \u00a7 19 \u2014when judgment by default based upon defective statement of claim should be vacated. A judgment based upon a statement of claim in a tort action which fails to state the essential elements of a tort cannot stand, even where entered after defendant\u2019s default, and should be vacated on motion.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "West & Eckhart, for plaintiff in error.",
      "Walter H. Eckert, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "S. S. Borden Company, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error.\nGen. No. 21,965.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 13 \u2014when statement of claim, in action for mistransmission of telegram is defective. Where statement of claim alleged plaintiff\u2019s purchase of a carload of poultry from a certain company at Milan, Tennessee, and that plaintiff had instructed such company to ship to Pittsburgh, Pennsylvania; that plaintiff delivered to defendant a telegram addressed to the company at Milan, Tennessee, saying: \u201cBill car poultry Grant street\u201d; that defendant transmitted the telegram to Martin, Tennessee; that the company was \u201cinstructed by the party receiving the telegram to ship said poultry to Grant street, Chicago,\u201d and that the car was shipped to Chicago, and plaintiff was compelled to forward it to Pittsburgh, causing damages complained of, held that such statement failed to state the essential elements of a tort on the part of the defendant, as the words \u201cthe party,\u201d construed most strongly against the plaintiff, reasonably supported the inference that the message was delivered in proper form but that some other than the defendant\u2019s agent was responsible for its misinterpretation, and also that such statement was defective in omitting any averment as to defendant\u2019s business or as to a duty owing from defendant to plaintiff.\nError to the Municipal Court of Chicago; the Hon. Arthur J. Gray, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.\nReversed and remanded.\nOpinion filed March 20, 1917.\nRehearing denied March 31, 1917.\nStatement of the Case.\nAction by S. S. Borden Company, plaintiff, against the Western Union Telegraph Company, a corporation, defendant, in tort, to recover damages for mistransmission of a telegram. From a judgment for plaintiff, defendant brings error.\nWest & Eckhart, for plaintiff in error.\nWalter H. Eckert, for defendant in error.\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": "0353-01",
  "first_page_order": 379,
  "last_page_order": 380
}