Postal Telegraph-Cable Co. v. Eubanks
Mississippi Supreme Court
Appeal from the circuit court of Quitman county. Hon. W. A. Alcorn, Jb., Judge. Suit by Sam Eubanks against the Postal Telegraph Cable Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion' of the court. The question presented by the court is within a narrow compass. If it was the duty of appellant under the Federal Law, the measure of damages and their .character are to be determined by that law.
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Appeal from the circuit court of Quitman county. Hon. W. A. Alcorn, Jb., Judge. Suit by Sam Eubanks against the Postal Telegraph Cable Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion' of the court. The question presented by the court is within a narrow compass. If it was the duty of appellant under the Federal Law, the measure of damages and their .character are to be determined by that law. Prior to June 18, 1910, telegraph companies were not as to interstate commerce common carriers. But on June 18, 1910, Congress enacted that they should…
1Opinion of the CourtHolden, J.
The appellant telegraph company has an office in Marks, Miss., where its agent was also the agent for the railroad company. The appellee, Sam Eubanks, desired to send a message to a relative in Memphis, Tenn., with reference to the death of his sister. He went to the office at the railroad station, and, finding no one there, went out upon the cotton platform near by, where he found the agent busy loading cotton, and said to the agent, “I want you to deliver- a message to Memphis for me on the case of my dead sister.” The agent, who was a Mr. Graves, said in reply to appellee, “I be damned if…
2Cases cited2 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Southern Railway Co. v. ReidSupreme Court of the United States · 1912
3Cited by4 opinions
- Western Union Telegraph Co. v. KingCourt of Appeals of Georgia · 1939
- Burke v. Western Union Telegraph Co.Nebraska Supreme Court · 1940
- Kaufman v. Western Union Telegraph Co.District Court, N.D. Texas · 1954
- Western Union Telegraph Co. v. WallaceMississippi Supreme Court · 1933