Western Union Tel. Co. v. Wood
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Texas. Statement by I’ARDEE, Circuit Judge: The defendant in error brought his action against the plaintiff in error in the district court; of Coryell county, state of Texas, and caused summons to be issued, returnable to the January term, 1892, of said court.
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In Error to the Circuit Court of the United States for the Southern District of Texas. Statement by I’ARDEE, Circuit Judge: The defendant in error brought his action against the plaintiff in error in the district court; of Coryell county, state of Texas, and caused summons to be issued, returnable to the January term, 1892, of said court. On the petition of the plaintiff in error the ease was duly removed to' the circuit court of the United Stales for the northern district of Texas. After such removal the plain ¡iff, defendant in error hero, filed his first amended original petition, in lieu…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts as above.) The right of the defendant in error, plaintiff in the court below, to recover damages in this action must be based upon the contract entered into with the Western Union Telegraph Company to transmit and deliver the message in question; and this whether the action is one technically for damages for breach of contract, or is an action sounding in tort. The facts, as narrated in the first original amended petition, show that one G. W. Wood, a brother of defendant in error, residing in Jefferson, Marion county, Tex., became very ill, and…
2Cases cited44 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Telegraph Co. v. TexasSupreme Court of the United States · 1882
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Terwilliger v. . WandsNew York Court of Appeals · 1858
39 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Chicago, B. & Q. R. v. GelvinCourt of Appeals for the Eighth Circuit · 1916
- Pfeffer v. ErnstDistrict of Columbia Court of Appeals · 1951
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StewartIndiana Court of Appeals · 1900
- Corcoran v. Postal Telegraph-Cable Co.Washington Supreme Court · 1914
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
15 more not listed; retrieve them via the Exa API.