Cheshire v. Western Union Telegraph Co.
Court of Appeals of Georgia
Action for penalty and damages; from municipal court of Atlanta. September 4, 1914. Dr. J. S. Cheshire sued the telegraph company for $79.50, alleging, that on October 28, 1913, he delivered to the defendant at its office in Atlanta, Ga., a telegram addressed to Dr. S. E. J. Watson, Tallapoosa, Ga., in which he said, “Look for me at the time stated;” that he deposited with the defendant the usual charge of 25 cents, and the defendant accepted this sum, for transmitting and…
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Action for penalty and damages; from municipal court of Atlanta. September 4, 1914. Dr. J. S. Cheshire sued the telegraph company for $79.50, alleging, that on October 28, 1913, he delivered to the defendant at its office in Atlanta, Ga., a telegram addressed to Dr. S. E. J. Watson, Tallapoosa, Ga., in which he said, “Look for me at the time stated;” that he deposited with the defendant the usual charge of 25 cents, and the defendant accepted this sum, for transmitting and delivering the message, but the defendant did not deliver the telegram with due diligence, and became liable to pay him…
1Opinion of the CourtRussell, C. J.
1. The authority of the appellate division of the municipal court of Atlanta on a motion for a new trial is limited to “sustaining or overruling said motion.” Acts 1913, p. 169, sec. 42 (/). The appellate division is without authority to render a final judgment in a cause when, upon the hearing of a motion for new trial, the verdict and the judgment of the trial judge entered thereon are set aside.
2. The damages which the plaintiff sought to recover, though to some extent contingent, were not too remote to be recovered; for, in view of the evidence as to a contract for his services, the case…
2Cases cited4 opinions
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
- Brooke v. Western Union Telegraph Co.Supreme Court of Georgia · 1904
- Rogers v. TruettSupreme Court of Georgia · 1884
- Western Union Telegraph Co. v. LindleySupreme Court of Georgia · 1892
3Cited by5 opinions
- Adair v. AllenCourt of Appeals of Georgia · 1916
- Dearing v. Bailey Electric Co.Court of Appeals of Georgia · 1916
- Malsby Co. v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1915
- Spivey v. ReneauCourt of Appeals of Georgia · 1916
- Robinson v. Richmond Casket Co.Court of Appeals of Georgia · 1916