Western Union Telegraph Co. v. Klitzke
Indiana Court of Appeals
Prom Lake Superior Court; Harn; B. TutlviU, Judge. Action by Louis Klitzke and others against the Western Union Telegraph Company. 'From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtWatson, J.
Appellees, as partners under the firm name of Klitzke Bros., commenced this action against appellant, to recover the statutory penalty prescribed by §§5780, 5781 Burns 1908, Acts 1885, p. 151, §§1, 3, and for damages which were claimed to have grown out of the failure of appellant to deliver the following telegram sent by appellees:
“Hammond, Indiana, January, 1906.
Miss Julia Ludwig,
Saint John, Indiana.
Will take that milk at once, starting to-morrow. Answer, our expense. Klitzke Bros.”
The complaint, in part, is as follows: Plaintiffs further aver that at the time said dispatch was so received…
2Cases cited4 opinions
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
- Western Union Telegraph Co. v. HarveySupreme Court of Kansas · 1903
- Western Union Telegraph Co. v. SefritIndiana Court of Appeals · 1906
- Moore v. Western Union Telegraph Co.Supreme Court of Georgia · 1891