Johnson v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Frank A. Montgomery, Judge. Johnson, the appellant, was plaintiff in the court below; the telegraph company, appellee, was defendant there. The opinion states the facts.
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From the circuit court of Sunflower county. Hon. Frank A. Montgomery, Judge. Johnson, the appellant, was plaintiff in the court below; the telegraph company, appellee, was defendant there. The opinion states the facts. The sendee’s right to recover damages for the negligence of the telegraph company does not arise out of the contract between the sendee and the telegraph company, nor out of contract at all, but his right of action is for tort — that is, the breach of public duty. Webb v. Telegraph Co., 61 Am. St. Rep., 207, and notes (s.o. 169 Ill., 610); Telegraph Co. v. Dubois, 128 Ill.,…
1Opinion of the CourtTerral, J.
E. M. Quigley & Co., of St. Louis, on July 27, 1898, sent to appellant the following telegram: “ E. A. Johnson, More-head, Miss.: We have million yards, pay both ways; work *61Georgiana, Ala. Do you want any ? Hancock will be Georgi-ana after Thursday. Speak quick. R. M. Quigley & Co.” The declaration for damages by Johnson alleges that he wanted work, had worked before with Quigley & Co., and would, if he had received the telegram, have gone to Georgiana, where Quigley & Co. had a large contract for the construction of a railroad,’and that he would have entered into a contract for the doing of…
2Cases cited2 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
3Cited by8 opinions
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- McQuilkin v. Postal Telegraph Cable Co.California Court of Appeal · 1915
- Western Union Telegraph Co. v. Adams Machine Co.Mississippi Supreme Court · 1908
- Munson S. S. Line v. Horace Turner & Co.Supreme Court of Alabama · 1919
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
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