Legal Opinion

Western Union Telegraph Co. v. McClelland

Indiana Court of Appeals

Decided October 5, 1906No. 5,729PublishedCited by 4 opinions

Erom Hendricks Circuit Court; Thomas J. Gofer, Judge. Action by Charles E. McClelland against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtWiley, J.

Action by appellee to recover from appellant the statutory penalty for failure to transmit a telegraph message delivered to it.

The complaint, which is in a single paragraph, was held good as against a demurrer. Answer in denial, trial by jury, verdict and judgment in favor of appellee for $100. Two questions are presented and discussed: (1) The com-

plaint is insufficient; (2) the motion for a new trial was improperly overruled.

The complaint avers that appellee was a funeral director, and had been engaged to meet, in Indianapolis, a party, from Asheville, North Carolina, take charge of a…

2Cases cited12 opinions

  1. Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
  2. Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
  3. Western Union Telegraph Co. v. BraxtanIndiana Supreme Court · 1905
  4. Rogers v. SmithIndiana Supreme Court · 1861
  5. Turner v. Hawkeye Telegraph Co.Supreme Court of Iowa · 1875

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Delaware & Madison Counties Telephone Co. v. FiskeIndiana Court of Appeals · 1907
  2. Indianapolis & Cincinnati Traction Co. v. MonfortIndiana Court of Appeals · 1923
  3. State v. SmithSupreme Court of Iowa · 1929
  4. Western Union Telegraph Co. v. TaylorIndiana Court of Appeals · 1914

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