Weaver v. Grand Rapids & Indiana Railroad
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by John D. Weaver against the Grand Rapids & Indiana Railroad Company to recover the statutory penalty for failing to transmit a telegram. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtLong, J.
This suit was brought to recover the penalty of $100, under section 3706, 1 'How. Stat., for failure to transmit a telegram. The court below found that the plaintiff sent the following telegram from Goshen, Ind., by the Western Union Telegraph Company, December 31, 1893:
“To*S. M. Weaver,
“Six Miles North of Harbor Springs, Mich.:
“Mother died this morning. Come immediately. Will pay your way when you are here. Answer by telegraph if you come, yes or no.”
That this telegram was handed to the agent at 12 o’clock noon on the day of its date, being Sunday, the plaintiff at the time paying the agent…
2Cases cited9 opinions
- Myer v. HartMichigan Supreme Court · 1879
- Western Union Telegraph Co. v. SteeleIndiana Supreme Court · 1886
- Western Union Telegraph Co. v. GriffinIndiana Court of Appeals · 1891
- Western Union Telegraph Co. v. SwainIndiana Supreme Court · 1887
- Parkes v. ParkerMichigan Supreme Court · 1885
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3Cited by1 opinion
- Van Camp v. Michigan Central RailroadMichigan Supreme Court · 1904