Whitehill v. Western Union Telegraph Co.
U.S. Circuit Court for the District of Eastern Arkansas
On Demurrer to Answer. S. O. Courtney sent the following message from Arkansas City, Ark., to Blytheville, Ark., over the lines of defendant, addressed to Mrs. Belser: “Joe Whitehill died this morning. Tell Nely. [Signed] S. O. Courtney.” The complaint alleges that “Nely” is the plaintiff, Cornelia Whitehill, and the sister of Joe Whitehill, mentioned in the telegram.
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On Demurrer to Answer. S. O. Courtney sent the following message from Arkansas City, Ark., to Blytheville, Ark., over the lines of defendant, addressed to Mrs. Belser: “Joe Whitehill died this morning. Tell Nely. [Signed] S. O. Courtney.” The complaint alleges that “Nely” is the plaintiff, Cornelia Whitehill, and the sister of Joe Whitehill, mentioned in the telegram. It is charged that the telegram was never transmitted nor delivered, and she seeks in this action to recover damages sustained by ber. Originally, tbe action was instituted in one of tbe state courts, but by tbe defendant…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). Under the practice prevailing in the courts of the state of Arkansas, a.demurrer to a plea goes back to the first defective pleading. Logan v. Moulder, 1 Ark. 320, 33 Am. Dec. 338; Yell v. Snow, 24 Ark. 554. It is therefore necessary to determine whether the complaint states a cause of action. As the plaintiff was neither the sender nor the addressee, it is contended on behalf' of the defendant that she cannot maintain this action. In McCormick v. Western Union Telegraph Co., 79 Fed. 449, 25 C. C. A. 35, 38 L. R. A. 684, and Western Union Telegraph Company v.…
2Cases cited16 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Western Union Telegraph Co. v. PottsTennessee Supreme Court · 1907
- Jacobs v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.