Gahan v. Western Union Tel. Co.
U.S. Circuit Court for the District of Minnesota
At Law. Action by Michael Gahan against the Western Union Telegraph Company to recover damages for failure to deliver a telegram. Verdict directed for defendant. Statement by WILLIAMS, District Judge: Plaintiff’s brother Thomas Gahan, on January 14, 1891, filed at Chicago, 111., for transmission to plaintiff, at South St. Paul, Minn., paying the tolls thereon, the following message: “Chicago, January 14, 1891. “To Michael Gahan, South St. Paul: Tour brother Wm.
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At Law. Action by Michael Gahan against the Western Union Telegraph Company to recover damages for failure to deliver a telegram. Verdict directed for defendant. Statement by WILLIAMS, District Judge: Plaintiff’s brother Thomas Gahan, on January 14, 1891, filed at Chicago, 111., for transmission to plaintiff, at South St. Paul, Minn., paying the tolls thereon, the following message: “Chicago, January 14, 1891. “To Michael Gahan, South St. Paul: Tour brother Wm. Gahau is dead. Come at once. Will he buried Friday. [Signed] “Thomas Gahan.” The message was transmitted to St. Paul, and there lost,…
1Opinion of the Court
WILLIAMS, District Judge,
(after stating the facts.) The case is somewhat new, and yet it has been pretty well adjudicated, and, outside of the decision of Judge Maxey, (Beasley v. Telegraph Co., 39 Fed. 181,) every time it has been touched by the federal courts, it has been clearly and unequivocally held that the action cannot be maintained. The state courts have pretty generally passed upon the question, and, outside of the cases cited by counsel for plaintiff, I do not think you will find another state court that upholds that doctrine. A large majority of the state courts have held that the…
2Cases cited2 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Beasley v. Western Union Tel. Co.U.S. Circuit Court for the District of Western Texas · 1889
3Cited by3 opinions
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
- Western Union Telegraph Co. v. SklarCourt of Appeals for the Sixth Circuit · 1903