Reed v. Western Union Telegraph Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in admitting in evidence the statute of the state of Iowa, and Mr. Stiles’ oral testimony as to the unwritten law of that state relative to the liability of telegraph companies; and also erred in giving the third, fourth and fifth instructions on behalf of the plaintiffs. The telegram in question was sent from Cedar Rapids, Iowa, to Kansas City, Missouri.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in admitting in evidence the statute of the state of Iowa, and Mr. Stiles’ oral testimony as to the unwritten law of that state relative to the liability of telegraph companies; and also erred in giving the third, fourth and fifth instructions on behalf of the plaintiffs. The telegram in question was sent from Cedar Rapids, Iowa, to Kansas City, Missouri. It was, therefore, an interstate transaction, and not subject to the laws of the state of Iowa. Stanley v. Railroad, 100 Mo. 435; Railroad v. Sherwood, 19 S.…
1Opinion of the CourtGantt, P. J.
This action is by a sendee or addressee of a commercial telegram against the telegraph company for negligence in its transmission whereby the plaintiff or sendee was misled into authorizing her agent to conclude a contract of sale of a tract of land for $1,300 when she believed she was obtaining $1,900 therefor.
Plaintiff’s agent, Hedges, living in Cedar Rapids, Iowa, where her real estate was situated, delivered to *666the defendant telegraph, company, to be transmitted to plaintiff living in Kansas City, Missouri, the following message:
“Cedar Rapids, Iowa, May 25, 1889.
“ James A. Heed, 306…
2Cases cited22 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Warner v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1968
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
31 more not listed; retrieve them via the Exa API.