Kirby v. Western Union Telegraph Co.
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Acüon by Joe Kirby against the Western Union Telegraph Company to recover damages for refusal to send a message. Judgment for plaintiff. Defendant appeals. A common carrier may make reasonable rules and regulations for the convenient transaction of business between himself and those dealing with him, and thus, to some extent, limit his common law liability.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Acüon by Joe Kirby against the Western Union Telegraph Company to recover damages for refusal to send a message. Judgment for plaintiff. Defendant appeals. A common carrier may make reasonable rules and regulations for the convenient transaction of business between himself and those dealing with him, and thus, to some extent, limit his common law liability. Wheeler on Carriers, 130; Gray on Telegraph, § 13; Bartlett v. Western Union, 62 Me. 209; State v. Ghavin, 7 la. 204; Commonwealth v. Powers, 7 Mets. 596; State v. Gould, 53 Me.…
1Opinion of the CourtKell Ah, J.
On the 4th day of January, 1892, the respondent offered to the appellant, at its office in the city of Sioux Falls, a written message, confessedly unobjectionable in matter, and requested that it be transmitted in the usual way to the party to whom it was addressed, and then and there offered to pay the usual compensation therefor. The message was written on ordinary white writing paper. The company declined to send the same unless written upon, or attached to, one of its message blanks. This the respondent refused to do unless the stipulations contained in such message blank should be first…
2Cases cited10 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Missouri Pacific Railroad v. FaganTexas Supreme Court · 1888
- Cutting v. TaylorSouth Dakota Supreme Court · 1892
- Parks v. Alta Cal. Tel. Co.California Supreme Court · 1859
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3Cited by11 opinions
- Kneip v. HersethSouth Dakota Supreme Court · 1974
- State Ex Rel. Board of Railroad Commissioners v. RosensteinSupreme Court of Iowa · 1934
- Buckeye Churn Co. v. Abbott.Ohio Supreme Court · 1926
- Dodson v. Western Union Telegraph Co.Mississippi Supreme Court · 1910
- Robinson v. AskewSupreme Court of South Carolina · 1924
6 more not listed; retrieve them via the Exa API.