Legal Opinion

Western Union Telegraph. Co. v. Cross' Admr.

Court of Appeals of Kentucky

Decided June 11, 1903PublishedCited by 3 opinions

Case 2 — .Sophia Cross’ Admr. against Western Union Telegraph Co. for Failure to Deliver Telegram. APPEAL PROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.

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Case 2 — .Sophia Cross’ Admr. against Western Union Telegraph Co. for Failure to Deliver Telegram. APPEAL PROM HOPKINS CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The telegram to Mrs. Sophia Cross from Kansas City, Missouri, announcing the death of her daughter, Emma Baxter, was received at Madisonville, Kentucky, about noon on 'October 21, 1899. It did not contain, nor did the 'defendant have any information as to the race, color, placel of residence, or 'occupation of Mrs. Cross. A diligent search failing to. disclose her .whereabouts,, early the next morning a message was…

1Opinion of the Court

Opinion op the court by

JUDGE BARKER

Reversing.

This action was instituted in the Hopkins circuit court by Sophia Cross to recover damages' from the Western Union Telegraph Company for its failure to deliver to her a telegram sent from Kansas City, Mo., conveying the information of the death of her daughter Emma Baxter in time to enable her to attend tina funeral, whereby she was caused great mental pain and distress, and suffered damage in the sum of $1,500. The failure of the telegraph company is alleged to have been caused by its gross negligence. The company, by its' answer, denied the…

2Cases cited1 opinion

  1. Western Union Telegraph Co. v. MathewsCourt of Appeals of Kentucky · 1900

3Cited by3 opinions

  1. Western Union Telegraph Co. v. ReevesSupreme Court of Oklahoma · 1912
  2. Cumberland Telephone & Telegraph Co. v. SuttonCourt of Appeals of Kentucky · 1913
  3. Robinson v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1914

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