Western Union Telegraph Co. v. Bodkin
Supreme Court of Kansas
Error from Labette district court; Elmer C. Clark, judge. STATEMENT. A brother of the plaintiff died at Kansas City on the evening of August 22, 1906. The widow sent a telegram to the plaintiff asking him to come. She also sent a telegram to the plaintiff’s sister, at Denison, Tex.
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Error from Labette district court; Elmer C. Clark, judge. STATEMENT. A brother of the plaintiff died at Kansas City on the evening of August 22, 1906. The widow sent a telegram to the plaintiff asking him to come. She also sent a telegram to the plaintiff’s sister, at Denison, Tex. In compliance with the request of the widow and a message sent by his father at Denison asking him to bring the remains to that city the plaintiff went to Kansas City, and on the morning of August 24 sent a telegram from that place to his father, G. N. Bodkin, reading: “Will ship remains; will advise you later.” On…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The' defendant alleges error in three particulars: (1) In overruling a demurrer for misjoinder of causes of action, (2) in giving instructions to the jury, and (3) in denying its motion to disallow the exemplary damages. The last proposition was again presented in the motion for a new trial.
There was no misjoinder, for only one cause of action was stated (Bliss, Code PL, 3d ed., § 14), and in such an action both, actual and exemplary damages may be recovered if the evidence justifies such recovery. (West v. Telegraph Co., 39 Kan. 93, 17 Pac.…
2Cases cited5 opinions
- West v. Western Union Telegraph Co.Supreme Court of Kansas · 1888
- Missouri Pacific Railway Co. v. DwyerSupreme Court of Kansas · 1886
- Western Union Telegraph Co. v. LawsonSupreme Court of Kansas · 1903
- State v. McCoySupreme Court of Kansas · 1905
- Western Union Telegraph Co. v. GilstrapSupreme Court of Kansas · 1908
3Cited by6 opinions
- Yard v. GibbonsSupreme Court of Kansas · 1915
- Yergy v. Helena Light & Railway Co.Montana Supreme Court · 1909
- Ramey v. Western Union Telegraph Co.Supreme Court of Kansas · 1915
- Wiggins v. Missouri-Kansas-Texas RailroadSupreme Court of Kansas · 1929
- Saar v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
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