Logan v. Western Union Telegraph Co.
Illinois Supreme Court
Writ op Error to the Circuit Court of Cass county; the Hon. Cyrus Epler, Judge, presiding. This was an action brought by Milton Logan, against the Western Union Telegraph Company, in the circuit court of Cass county. The defendant appeared and filed a demurrer to the declaration. The court sustained the demurrer and gave judgment on the demurrer, in bar of the action, and for costs.
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Writ op Error to the Circuit Court of Cass county; the Hon. Cyrus Epler, Judge, presiding. This was an action brought by Milton Logan, against the Western Union Telegraph Company, in the circuit court of Cass county. The defendant appeared and filed a demurrer to the declaration. The court sustained the demurrer and gave judgment on the demurrer, in bar of the action, and for costs. The plaintiff below brings the record here on writ of error, and the only question presented is, did the circuit court err in sustaining the demurrer to the declaration? The declaration was in these words, viz: “…
1Per curiam
The majority of the court hold, that on the averments of the declaration the plaintiff was entitled to recover nominal damages, at least, including the loss of the price of the telegram. The demurrer should have been overruled.
The judgment must be reversed, and the cause remanded for proceedings in accord with this opinion.
Judgment reversed.
2Cited by10 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
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