Howard v. Western Union Telegraph Co.
Court of Appeals of Kentucky
Case 79 — Action by John E. Howard Against the Western Union Telegraph Co., for Damages in Failing to Deliver a Telegram. APPEAL FROM BELL CIRCUIT COURT-M. J. MOSS, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals.
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Case 79 — Action by John E. Howard Against the Western Union Telegraph Co., for Damages in Failing to Deliver a Telegram. APPEAL FROM BELL CIRCUIT COURT-M. J. MOSS, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. A. G. PATTERSON, attorney for appellant. 1. We contend that the court improperly overruled appellant’s-, demurrer to the second paraghaph of the answer herein, which paragraph sets out in detail and pleads a rule which is claimed among other rules to be printed on the back of each of appellee’s messages as follows: “The message will be delivered free, within the established…
1Opinion of the Court
Opinion of tiib court by
JUDGE SETTLE
Affirming.
This case is before ns the second time. Tt was reversed upon the'fqrmer appeal because of error upon the part of flie lower court in dismissing Ihe action as a result of appellee’s refusal to make his petition more specific. See Howard v. Western Union Telegraph Co., 76 S. W., 387, 25 Ky. Law Rep., 828. Upon the trial that followed the return of the case 1o the lower court, that court at the conclusion of appellants testimony gave the jury a peremptory instruction to find for the appellee, and they returned'a verdict as .instructed. We are asked…
2Cases cited8 opinions
- Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
- Western Union Telegraph Co. v. Eubanks & RussellCourt of Appeals of Kentucky · 1897
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Stevens v. GreggCourt of Appeals of Kentucky · 1890
- Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Curran & Treadaway, Inc. v. American Bonding Co.Supreme Court of Louisiana · 1939
- Bailey v. Western Union Telegraph Co.Supreme Court of Kansas · 1916
- Borie. v. SmitherLouisiana Court of Appeal · 1942
- Hays v. JenkinsCourt of Appeals of Kentucky · 1921
6 more not listed; retrieve them via the Exa API.