{
  "id": 2911202,
  "name": "Myrtle Mitchell, Appellee, v. Frank Parmelee Company, Appellant",
  "name_abbreviation": "Mitchell v. Frank Parmelee Co.",
  "decision_date": "1918-01-31",
  "docket_number": "Gen. No. 23,115",
  "first_page": "428",
  "last_page": "429",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 428"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 195,
    "char_count": 2735,
    "ocr_confidence": 0.534,
    "sha256": "be412f43673fe66c55a56e7052cc1ea253edb6350ee955c0f72c5ee159f3e0ba",
    "simhash": "1:43414ab21c9dec54",
    "word_count": 449
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Myrtle Mitchell, Appellee, v. Frank Parmelee Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n3. Cabbiees, \u00a7 113 \u2014when relieved, from liability as insurer. Fraud may absolve a carrier from its liability as insurer, even though not from liability resulting from negligence.\n4. Cabbiees, \u00a7 120*\u2014when fraud, relieves carrier from liability as insurer. A common carrier may be relieved from its liability as an insurer by a\u2019 shipper\u2019s suppression of the value of goods delivered for transportation.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Andrew R. Sheriff, for appellant; Walter M. Krimbill, of counsel.",
      "Edmund S. Cummings, for appellee."
    ],
    "corrections": "",
    "head_matter": "Myrtle Mitchell, Appellee, v. Frank Parmelee Company, Appellant.\nGen. No. 23,115. (Not to be reported in full.)\nAbstract of the Decision.\n1. Carriers, \u00a7 178 \u2014when limitation of liability in receipt not binding. A limitation of liability in a receipt given by a common carrier for baggage is not binding on the shipper unless assented to.\n2. Carriers, \u00a7 564*-\u2014what are questions for jury in action for damages for loss of ibaggage. In an action against a carrier to recover for the loss of baggage, where, on a motion to direct a verdict, the evidence did not disclose that plaintiff knew or assented to the limitation of liability contained in the receipt, but admitted that she had heard there was such a limitation, and defendant introduced evidence tending to support the inference that baggage containing articles which plaintiff claimed to have a value of $1,782 would not have been received for delivery at defendant\u2019s risk for the disproportionate fee of 50 cents paid therefor, and that plaintiff stated that the baggage contained glassware and did not mention that it contained valuable jewelry, and was informed that it would be taken at her risk, it is for the jury to determine whether there was fraud in concealing the real character and value of the contents, whether the baggage contained the articles claimed by plaintiff to have been in it and whether there was an express understanding or agreement that it was to be carried at her risk, and in such a case it was error to direct a verdict for plaintiff.\nAppeal from the Municipal Court of Chicago; the Hon. Harry Olson, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nReversed and remanded.\nOpinion filed January 31, 1918.\nStatement of the Case.\nAction by Myrtle Mitchell, plaintiff, against Frank Parmelee Company, defendant, to recover the value of baggage received by defendant for transportation and not delivered. From a judgment for plaintiff, defendant appeals.\nAndrew R. Sheriff, for appellant; Walter M. Krimbill, of counsel.\nEdmund S. Cummings, for appellee.\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": "0428-01",
  "first_page_order": 456,
  "last_page_order": 457
}