Providence-Washington Insurance v. Western Union Telegraph Co.
Illinois Supreme Court
Appeal from the' Branch Appellate Court for the First District;—heard in that court on appeal from the Municipal Court of Chicago; the Hon.,John H. Hume, Judge, presiding. This action was brought by appellee, against appellant, to recover damages alleged to have resulted to the appellee from a breach of appellant’s contract to deliver a message. Appellee had written a policy of insurance on a paper mill in Newark, Ohio, belonging at the time to Frank B. Silk.
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Appeal from the' Branch Appellate Court for the First District;—heard in that court on appeal from the Municipal Court of Chicago; the Hon.,John H. Hume, Judge, presiding. This action was brought by appellee, against appellant, to recover damages alleged to have resulted to the appellee from a breach of appellant’s contract to deliver a message. Appellee had written a policy of insurance on a paper mill in Newark, Ohio, belonging at the time to Frank B. Silk. The property subsequently passed to the Newark Paper Company, and on January 2, 1902, the policy was, by the consent of appellee,…
1Opinion of the CourtJustice Farmer
Appellant contends (i) that its failure to deliver the message was not the proximate cause of the damage sustained by appellee; that the fire was the proximate cause, and although the failure to transmit and deliver the message to appellee prevented the cancellation of the policy before the fire occurred, such failure is too remote to charge appellant with liability for the loss appellee sustained on account of the fire; (2) the breach of contract to deliver the message not being the proximate cause of the injury, the damages to be recovered are such, only, as according to the usual .course…
2Cases cited6 opinions
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Postal Telegraph Cable Co. v. LathropIllinois Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Midland Hotel Corp. v. Reuben H. Donnelley Corp.Illinois Supreme Court · 1987
- Evra Corp. v. Swiss Bank Corp.Court of Appeals for the Seventh Circuit · 1982
- Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
- Western Union Telegraph Co. v. BiggerstaffIndiana Supreme Court · 1912
- Pfiester v. Western Union Telegraph Co.Illinois Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.