Huening v. Western Union Telegraph Co.

Appellate Court of Illinois

Huening v. Western Union Telegraph Co.

162 Ill. App. 532, 1911 Ill. App. LEXIS 646

CourtAppellate Court of Illinois

DecidedJune 19, 1911

DocketGen. No. 15,667

StatusPublished

This text of 162 Ill. App. 532 (Huening v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Huening v. Western Union Telegraph Co., 162 Ill. App. 532, 1911 Ill. App. LEXIS 646 (Ill. Ct. App. 1911).

Pincite

Opinion

Mr. Justice Smith

delivered the opinion of the court.

The defendant in error, hereinafter called plaintiff, recovered a judgment in the Municipal Court against plaintiff in error, hereinafter called defendant, for $26.50 for damages caused by delay of a telegram advising plaintiff of the death of his father.

The only point urged by the defendant is that the negligence shown by the evidence was not proven to be the proximate cause of the alleged damages. There is some force in the argument made by the defendant. The defendant, however, was clearly guilty of negligence and the damages assessed are not unreasonable. On a consideration of all the evidence we are of the opinion there was sufficient evidence on the part of the plaintiff to make a pruna facie ease on the point in question, and as the defendant offered no evidence to the contrary we are not disposed to disturb the finding in that respect.

The judgment is affirmed.

Affirmed.

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Mr. Justice Smith

delivered the opinion of the court.

The defendant in error, hereinafter called plaintiff, recovered a judgment in the Municipal Court against plaintiff in error, hereinafter called defendant, for $26.50 for damages caused by delay of a telegram advising plaintiff of the death of his father.

The only point urged by the defendant is that the negligence shown by the evidence was not proven to be the proximate cause of the alleged damages. There is some force in the argument made by the defendant. The defendant, however, was clearly guilty of negligence and the damages assessed are not unreasonable. On a consideration of all the evidence we are of the opinion there was sufficient evidence on the part of the plaintiff to make a pruna facie ease on the point in question, and as the defendant offered no evidence to the contrary we are not disposed to disturb the finding in that respect.

The judgment is affirmed.

Affirmed.

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Bluebook (online)

162 Ill. App. 532, 1911 Ill. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huening-v-western-union-telegraph-co-illappct-1911.