Markley v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. F. M. Powers, Judge. Action at law to recover damages for delay in the delivery of a death message. ■ Trial to a jury. Verdict and judgment for plaintiff for $550.. Defendant appeals.—
1Opinion of the CourtWithrow, J.
This is the third appeal in this case. The opinion in the first appeal is reported in 144 Iowa, 105; opinion in the second appeal will be found in 151 Iowa, 612. The original issues were fully stated in the previous opinions. Since the second trial in the lower court, by amendment to its answer, the defendant denies that the said Calvin Markley is 'the owner of the claim sued upon, and avers that he is not the real party in interest, and cannot maintain the action. The message which is the basis of the action was communicated by Stephen Markley, brother of the plaintiff, over the telephone to…
2Cases cited9 opinions
- Luther v. ClaySupreme Court of Georgia · 1897
- Carland v. Western Union Telegraph Co.Michigan Supreme Court · 1898
- Mayo v. HalleySupreme Court of Iowa · 1904
- Western Union Telegraph Co. v. FosterTexas Supreme Court · 1885
- Texas Telegraph & Telephone Co. v. SeidersCourt of Appeals of Texas · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stearns v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Snittjer Grain Co. v. KochSupreme Court of Iowa · 1955
- Bales v. MurraySupreme Court of Iowa · 1919
- Selma Savings Bank v. Webster County BankCourt of Appeals of Kentucky · 1918
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
4 more not listed; retrieve them via the Exa API.