Legal Opinion

Mueller v. Western Union Telegraph Co.

Supreme Court of Iowa

Decided January 12, 1916Published

Appeal from Lee District Court. — W. S. Hamilton, Judge. This action was brought by plaintiff to recover damages alleged to have been sustained by him because of alleged negligence of defendant in failing to pay to him at Detroit, Michigan, the sum of $15.00, by virtue of a money transfer message from Fort Madison, Iowa.

Read the full summary

Appeal from Lee District Court. — W. S. Hamilton, Judge. This action was brought by plaintiff to recover damages alleged to have been sustained by him because of alleged negligence of defendant in failing to pay to him at Detroit, Michigan, the sum of $15.00, by virtue of a money transfer message from Fort Madison, Iowa. The petition alleged that plaintiff was a resident of Fort Madison, and, while attending a Moose Convention (a fraternal organization) as a delegate, at Detroit, Michigan, on August 23, 1911, sent a message over the wires of defendant to one Ernest Burster at Fort Madison,…

1Opinion of the CourtPreston, J.

1. Telegraphs AND TELEPHONES : delay or failure to deliver message: negligence: evidence. 1. Upon his arrival at Detroit, plaintiff had registered, and became a guest at the Burns Hotel. Plaintiff testified, as to leaving an address to which the reply to his message should be sent, that he might have said, “Send^itto the Moose Convention”. But the message in his handwriting, identified by him, showed that the requested address written thereon was, “Care of Burns Hotel”. The message which was sent to plaintiff was addressed to Henry Mueller. Plaintiff made inquiries at the Detroit office of…

2Cases cited5 opinions

  1. Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
  2. Manville v. Western Union Telegraph Co.Supreme Court of Iowa · 1873
  3. Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
  4. Larsen v. Postal Telegraph Cable Co.Supreme Court of Iowa · 1911
  5. Albers v. Western Union Telegraph Co.Supreme Court of Iowa · 1896

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API