Free v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Carroll District Court.— Judge. Hon. Z. A. Church, On November 6, 1902, plaintiff received a telegram announcing his mother’s death. Upon inquiry at defendant’s office, he ascertained that another had been received three days previous in words following: “ Huntington, Indiana, Nov. 3, 1902. Martin H. Freeman, Manning, Iowa: Mother near death’s door at Huntington. Am with her. Ida Whittaker.”
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Appeal from Carroll District Court.— Judge. Hon. Z. A. Church, On November 6, 1902, plaintiff received a telegram announcing his mother’s death. Upon inquiry at defendant’s office, he ascertained that another had been received three days previous in words following: “ Huntington, Indiana, Nov. 3, 1902. Martin H. Freeman, Manning, Iowa: Mother near death’s door at Huntington. Am with her. Ida Whittaker.” The signer was plaintiff’s sister, and the telegram was not delivered until November 6th. This action was begun February 27, 1903, it being alleged that the telegram was properly addressed to…
1Opinion of the CourtLadd, J.
1. Interrogatories attached to pleadings: objections: waiver. Questions of practice only are presented on this appeal. Some time after the issues had been made up, plaintiff, by way of amendment adding nothing to the petition, attached five interrogatories thereto, to be answered by the defendant. By consent an order was entered that these be answered by February' 10, 1904. Probably the attorneys having general charge of defendant’s litigation in that sec*72tion were not advised of this order, or that the interrogatories had been filed. But these were a part of the record in the case, and,…
2Cases cited18 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
- Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
- Bosch v. KassingSupreme Court of Iowa · 1884
- Moore v. State Ins.Supreme Court of Iowa · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- Cooley v. MaineSupreme Court of Iowa · 1918
- Fahey v. Ancient Order of United WorkmenSupreme Court of Iowa · 1919
- Elwood v. Board of SupervisorsSupreme Court of Iowa · 1912
5 more not listed; retrieve them via the Exa API.