Western Union Telegraph Co. v. Steenbergen
Court of Appeals of Kentucky
' Case 72 — ACTION FOR DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL PROM MARION CIRCUIT COURT. (No brief on file.) On errors in instructions: W. U. T. Co. v. Harding, 3 N. E. R., 174; Given v. W. U. T. Co., 24 Fed. Rep., 119. 1. The telegraph company having established reasonable office hours for the delivery of messages at McKinney, was not answerable for not delivering messages out of these office hours.
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' Case 72 — ACTION FOR DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL PROM MARION CIRCUIT COURT. (No brief on file.) On errors in instructions: W. U. T. Co. v. Harding, 3 N. E. R., 174; Given v. W. U. T. Co., 24 Fed. Rep., 119. 1. The telegraph company having established reasonable office hours for the delivery of messages at McKinney, was not answerable for not delivering messages out of these office hours. The court should have found as a matter of law that the telegraph company had a right to establish office hours and should have instructed the jury that it was not .compelled to deliver…
1Opinion of the CourtChief Justice Hazelrigg
debiveeeb the opinion of the coubt.
The appellee, Steinbergen, the father-in-law of one Tate Davidson, sent a telegram directing the latter to “come at once, your mother [meaning mother-in-law] can not live;” and because this message was .not delivered in time for Davidson to attend the mother-in-law at her last moments the father-in-law (appellee) brought this action against the telegraph company, and has recovered damages for injured feelings'and mental anguish in the sum of $400. It is insisted for the company that, even in the courts of those States where mental anguish can be made the…
2Cases cited1 opinion
- Western Union Telegraph Co. v. Van CleaveCourt of Appeals of Kentucky · 1900
3Cited by13 opinions
- Western Union Telegraph Co. v. AyersSupreme Court of Alabama · 1901
- Johnson v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Compton v. NaylorDistrict Court, N.D. Texas · 1975
- Kernodle v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Western Union Telegraph Co. v. ArnoldTexas Supreme Court · 1903
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