Shaw v. Postal Telegraph & Cable Co.
Mississippi Supreme Court
From: the circuit court of Marshall county. HoN. Z. M. Stepi-ieNs, Judge. Shaw, appellant, was plaintiff in court below; the Telegraph Company was defendant there. The facts are fully stated in the opinion of the court. The case was first decided at the March term, 1900, but a reargument was granted, and the judgment of reversal then entered vacated, and the cause was continued.
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From: the circuit court of Marshall county. HoN. Z. M. Stepi-ieNs, Judge. Shaw, appellant, was plaintiff in court below; the Telegraph Company was defendant there. The facts are fully stated in the opinion of the court. The case was first decided at the March term, 1900, but a reargument was granted, and the judgment of reversal then entered vacated, and the cause was continued. The opinion of the court, delivered by Woods, C. J., at the March term, 1900, the one recalled, to which reference is made in the dissenting opinion of Whitfield, C. J., was as follows: “It is much to be regretted…
1Dissent
Whiteield, O. J.,
delivered the following dissenting opinion:
The sole question on this reargument relied on by appellee is that this is an action ex contractu, and that the contract was made in Massachusetts, and that the doctrine that a contract valid by the statute law of the state where made is valid everywhere, governs. It is obvious, therefore, that if it be that the statute of Massachusetts does not determine the case, then the argument- wholly fails. The question for decision is, whether a regulation by a telegraph company, that there shall be no liability, beyond the amount paid, in…
2Cases cited18 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Oates v. National BankSupreme Court of the United States · 1879
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
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