#### Walter Neske, Defendant in Error, v. Western Union Telegraph Company, Plaintiff in Error.

Gen. No. 21,783.

(Not to be reported in full.)

Abstract of the Decision.

1. Telegraphs and telephones, § 37 * — when evidence sustains verdict in action for negligence in transmission of telegram. In an action to recover damages for negligence in the transmission of a telegram, evidence held to support a verdict for plaintiff.

2. Telegraphs and telephones, § 31* — when evidence shows that damages were direct result of negligence in transmission of telegram. In an action to recover damages for negligence in transmitting a telegram, evidence held sufficient to show that the amount of the verdict for plaintiff was for the damages which he had suffered as a direct result of defendant’s negligence, and that such damages were of the sort which might reasonably have been sup*30posed to have been in the contemplation of the sender of the message and the telegraph company at the time the message was sent.

*29Error to the Municipal Court of Chicago; the Hon. Patrick B. Flanagan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed June 27, 1917.

Rehearing denied July -13, 1917.

Statement of the Case.

Action by Walter Neslce, plaintiff, against the Western Union Telegraph Company, a corporation, defendant, to recover damages alleged to have been caused by negligence in transmitting a telegram. To reverse a judgment for plaintiff for $53.50, defendant prosecutes this writ of error.

West & Eckhart, for plaintiff in error.

Joseph R. Burres, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Goodwin

delivered the opinion of the court.

*303. Telegraphs and telephones, § 37* — when contributory negligence of plaintiff sending telegram not shown. In an action to recover for damages caused by the negligent transmission of a telegram, evidence held not to show contributory negligence of plaintiff.