McCarty v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — Hon. Nat. M.. Shelton, Judge. In the absence of a statutory rule to the contrary tbe addressee of a telegram can maintain an action for a failure to correctly transmit it only when tbe company has knowledge that it is for bis benefit; and where tbe benefit to tbe addressee would be incidental to carrying out tbe contract but was not tbe cause of making tbe contract an action cannot be maintained for tbe breach; consequently, in tbe absence…
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Appeal from Shelby Circuit Court. — Hon. Nat. M.. Shelton, Judge. In the absence of a statutory rule to the contrary tbe addressee of a telegram can maintain an action for a failure to correctly transmit it only when tbe company has knowledge that it is for bis benefit; and where tbe benefit to tbe addressee would be incidental to carrying out tbe contract but was not tbe cause of making tbe contract an action cannot be maintained for tbe breach; consequently, in tbe absence of such allegations and proof, tbe objection to tbe introduction of any evidence under tbe petition and tbe demurrer to…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Section 1259, B. S. 1899, provides: “Every telephone or telegraph company now organized, or which may hereafter be organized under the laws of this State, shall be liable for -special damages occasioned by the failure or neglect of their.operators or servants in receiving, copying, transmitting or delivering dispatches,” etc. It is not shown *446whether or not the defendant was incorporated under the laws of this State, and it is contended by defendant that this section applies only to telephone and telegraph companies organized under the laws of this State. The…
2Cases cited2 opinions
- Smith v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
- Hughes v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
3Cited by8 opinions
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
- Fitch v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Jackson v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Cain v. Western Union Telegraph Co.Supreme Court of Kansas · 1913
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