Hartzog v. Western Union Telegraph Co.
Mississippi Supreme Court
Prom the circuit court of, second district, Perry county. Hon. John E. Enochs, Judge. Hartzog, the appellant, was plaintiff, and the telegraph company, appellee, defendant in the court below. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was to recover punitive damages for the failure to deliver a telegram sent to plaintiff at Hattiesburg from lit. Olive, Mississippi.
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Prom the circuit court of, second district, Perry county. Hon. John E. Enochs, Judge. Hartzog, the appellant, was plaintiff, and the telegraph company, appellee, defendant in the court below. Prom a judgment in defendant’s favor the plaintiff appealed to the supreme court. The suit was to recover punitive damages for the failure to deliver a telegram sent to plaintiff at Hattiesburg from lit. Olive, Mississippi. To the declaration defendant pleaded the general- issue, and gave notice of special matter of defense. One ground of defense was that the message was delivered to the'defendant…
1Opinion of the CourtOali-ioon, J.
A stipulation in the contract for the transmission of a telegram, that the company would not be liable for damages “in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission,” is valid and binding. This is precisely so decided in Clement v. Telegraph Co., 77 Miss., 747 (27 South., 603), which is in keeping with the decisions of this court in kindred matters of contract limitations as to express companies; in Southern Express Co. v. Hunnicutt, 54 Miss., 566 (28 Am. Rep., 385); and, as to life insurance companies, in…
2Cases cited3 opinions
- Southern Express Co. v. HunnicuttMississippi Supreme Court · 1877
- Universal Life Insurance v. WhiteheadMississippi Supreme Court · 1880
- Clement v. Western Union Telegraph Co.Mississippi Supreme Court · 1900
3Cited by2 opinions
- Berry v. Lamar Life Ins. Co.Mississippi Supreme Court · 1932
- Western Union Telegraph Co. v. BournMississippi Supreme Court · 1920