Western Union Telegraph Co. v. Halbert
Mississippi Supreme Court
Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by J. D. Halbert against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The second and third special pleas set up the fact that the message in question was an interstate message for the reason that the message was relayed through relay office at New Orleans,, Louisiana, which is its proper relay office for handling messages between.
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Appeal from circuit court of Lee county. Hon. C. P. Long, Judge. Action by J. D. Halbert against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The second and third special pleas set up the fact that the message in question was an interstate message for the reason that the message was relayed through relay office at New Orleans,, Louisiana, which is its proper relay office for handling messages between. Starltville and Tupelo, Mississippi, and that being an interstate message it was governed by the stipulation .contained on the blank on which the message…
1Opinion of the CourtEthridge, J.
The appellee sued the appellant for failure to promptly deliver the following telegram filed with the company at Starkville, Miss., on October 1, 1920: “Betty died at 2:15 this morning. Will bury here.” This telegram was delivered to the company on the morning of October 1st and reached Tupelo, Miss, at 11:20 a. m. the same day, there being no undue delay in the transmission and no question as to the correctness of the message as transmitted, but the telegram was not delivered to the plaintiff at Tupelo until the morning of October 3,1920, when he received it through the mail.
The company…
2Cases cited3 opinions
- Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.Supreme Court of the United States · 1919
- Dickerson v. Western Union Telegraph Co.Mississippi Supreme Court · 1917
- Warren-Godwin Lumber Co. v. Postal Telegraph-Cable Co.Mississippi Supreme Court · 1917
3Cited by3 opinions
- Western Union Telegraph Co. v. AllsworthMississippi Supreme Court · 1920
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1935
- Western Union Telegraph Co. v. WoodCourt of Appeals of Texas · 1924