Legal Opinion

C. F. Witherspoon & Sons v. Postal Telegraph & Cable Co.

District Court, E.D. Louisiana

Decided May 8, 1919No. 15993PublishedCited by 3 opinions

At Law. Action by C. F. Witherspoon & Sons against the Postal Telegraph & Cable Company. On exception of no cause of action to the petition.

1Opinion of the Court

FOSTER, District Judge.

This is a suit for damages alleged to have been caused by delay in delivering a cable. The message was accepted by the company October 30, 1918, at which time, of course, its lines were being operated by the Postmaster General on behalf of the United States. On that ground defendant has filed an exception of no cause of action.

The Postal telegraph lines were taken over by the President, under authority of the joint resolution of Congress of July 16, 1918, by his proclamation of July 22, 1918. The proclamation directs that the supervision, possession, control, and…

2Cases cited1 opinion

  1. Postal Telegraph-Cable Co. v. CallCourt of Appeals for the Fifth Circuit · 1919

3Cited by3 opinions

  1. Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
  2. Canidate v. Western Union Telegraph Co.Supreme Court of Alabama · 1920
  3. Elliott v. Wabash Railway Co.Missouri Court of Appeals · 1921

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