Kemp v. Western Union Telegraph Co.
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Powers, J. Sec. 12, ch. 89a, Comp. Stats., does not seek to regulate the business of telegraph companies; it simply makes them liable for mistakes in transmitting messages, and does not conflict with the interstate commerce clause of the federal constitution.
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Error to the district court for Madison county. Tried below before Powers, J. Sec. 12, ch. 89a, Comp. Stats., does not seek to regulate the business of telegraph companies; it simply makes them liable for mistakes in transmitting messages, and does not conflict with the interstate commerce clause of the federal constitution. (Fuller v. R. Co., 31 la., 205; 17 "Wall., 560; Johnson v. C. & P. Elevator Co., 7 S. C. Bep., 254; Pembina, eta., Co. v. Pennsylvania Co., 8 Id., 737; Smith v. Alabama, Id., 564; Morgan’s R. & 8. Co. v. Louisiana Ble., 30 Coop. Ed. U. S. Bep., 237; Chicago & N. W. R. Co.…
1Opinion of the CourtMaxwell, J.
This action was brought by the plaintiff against the defendant in the district court of Madison county to recover damages for the breach of an alleged contract.
It is averred in the petition “That on the 1st day of November, 1886, the said defendant owned, controlled, and operated a line of telegraph wire from Papillion, in the state of Nebraska, to Kansas City, in the state of Missouri, with offices in each of said places in charge of duly authorized agents, at which offices it held itself out to the public to receive and deliver telegraphic messages for hire, and on said date the plaintiff…
2Cited by6 opinions
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Western Union Telegraph Co. v. LowreyNebraska Supreme Court · 1891
- American Express Co. v. Postal Telegraph-Cable Co.Nebraska Supreme Court · 1915
- C. B. Nash Co. v. Western Union Telegraph Co.Nebraska Supreme Court · 1915
- Western Union Telegraph Co. v. BealsNebraska Supreme Court · 1898
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