{
  "id": 2944343,
  "name": "Willard C. Howe, Defendant in Error, v. Charles C. O'Neill and John J. O'Neill, copartners, trading as American Storage Furniture & Express Company, Plaintiffs in Error",
  "name_abbreviation": "Howe v. O'Neill",
  "decision_date": "1917-03-20",
  "docket_number": "Gen. No. 22,104",
  "first_page": "402",
  "last_page": "403",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 402"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 175,
    "char_count": 2543,
    "ocr_confidence": 0.568,
    "sha256": "0c59b8f3e1ae5f79e82efbb44e9b9c8da134e71f7131e94ff0e98a7abd3f1058",
    "simhash": "1:3f399414509bb998",
    "word_count": 405
  },
  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Willard C. Howe, Defendant in Error, v. Charles C. O\u2019Neill and John J. O\u2019Neill, copartners, trading as American Storage Furniture & Express Company, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.\n2. Warehousemen, \u00a7 25 \u2014When provision in contract of storage for repair or replacement of injured goods is cumulative remedy. Where a contract for the storage and safekeeping by defendants of certain goods of plaintiff\u2019s provided that in case of breakage or marring of such goods the defendants would repair same, if possible, and, if not, replace them with new goods of same value, held that such provision was not mandatory but afforded plaintiff a cumulative remedy to be availed of or not as he saw fit.\n3. Damages, \u00a7 151*\u2014when excessive for injury to goods stored with warehouseman. Damages for six hundred fifty dollars held excessive, where the evidence showed that the cost of repairing plaintiff\u2019s furniture damaged by defendants\u2019 negligence was three hundred fifty dollars, and there was no evidence as to the actual amount of other damages shown, in an action against a warehouseman to recover damages for injuries to a quantity of household goods.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "Grover C. Niemeyer, for plaintiffs in error.",
      "Lipson & Levy, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Willard C. Howe, Defendant in Error, v. Charles C. O\u2019Neill and John J. O\u2019Neill, copartners, trading as American Storage Furniture & Express Company, Plaintiffs in Error.\nGen. No. 22,104.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Warehousemen, \u00a7 27 \u2014when evidence is sufficient to show that damage to goods resulted from negligence of warehouseman. In an action against a warehouseman for damages for negligence in caring for stored goods, evidence held sufficient to sustain a finding that the damage alleged resulted from the negligence of defendant.\nError to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.\nAffirmed on remittitur.\nOpinion filed March 20, 1917.\nStatement of the Case.\nAction by Willard C. Howe, plaintiff, against Charles C. O\u2019Neill and John J. O\u2019Neill, copartners, trading as American Storage Furniture and Express Company, defendants, to recover damages alleged to have been caused by defendants\u2019 negligence in regard to certain furniture, books and other household effects intrusted to defendants for storage and safekeeping. From a judgment for plaintiff for six hundred and fifty dollars, defendants bring error.\nGrover C. Niemeyer, for plaintiffs in error.\nLipson & Levy, for defendant in error.\nSee Hlinois 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, game topic and section number."
  },
  "file_name": "0402-01",
  "first_page_order": 428,
  "last_page_order": 429
}