Frederick v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Floyd District Court. — C. H. Kelley, Judge. The appellee, the sendee of an interstate telegraph message, obtained verdict and judgment for $250 on account of alleged negligence in failing to deliver said telegram.
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Appeal from Floyd District Court. — C. H. Kelley, Judge. The appellee, the sendee of an interstate telegraph message, obtained verdict and judgment for $250 on account of alleged negligence in failing to deliver said telegram. The appellant contends that permitting this recovery was violative of valid contract limitations, under which there was no right to recover beyond a return of the amount paid for transmitting said message, and, in any event, no right, to recover more than $50.
1Opinion of the Court
Salinger, ,T.
1. Telegraphs and Telephones : unrepeated death message : recovery. I. An interstate message, addressed to appellee, was of such character as that it advised the defendant mental pain and anguish might be suffered if said message was not delivered at all, or delivered too late. While the fact is challenged by appellee, the record establishes that a contract between the parties was put in evidence. It is a contract that has many times had the consideration of the courts. So far as it is material to this controversy, it is an agreement that, as to unrepeated messages, there shall…
2Cases cited22 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.Supreme Court of the United States · 1919
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3Cited by5 opinions
- Miranda v. SaidSupreme Court of Iowa · 2013
- Sechler v. StateSupreme Court of Iowa · 1983
- Western Union Telegraph Co. v. Abbott Supply Co.Supreme Court of Delaware · 1950
- Western Union Telegraph Co. v. ConwayArizona Supreme Court · 1941
- Sechler v. StateSupreme Court of Iowa · 1983