Cumberland Telephone & Telegraph Co. v. Atherton
Court of Appeals of Kentucky
CASE 18. — ACTION BY ALICE ATHERTON AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY EOR DAMAGES FOR FAILING TO DELIVER A MESSAGE. — February 28. Appeal from Carlisle Circuit Court. R. J. Bugg, Circuit Judge.
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CASE 18. — ACTION BY ALICE ATHERTON AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY EOR DAMAGES FOR FAILING TO DELIVER A MESSAGE. — February 28. Appeal from Carlisle Circuit Court. R. J. Bugg, Circuit Judge. Judgment for plaintiff, defendant appeals. 1. In order to have a stated cause of action against appellant, it is indispensible that her petition must show either (1) a breach of some duty that it owed to her in its capacity as a servant of the public, or (2) a breach of contract made with her or with some one else for her benefit. 2. The only duty owed by a telegraph company in its…
1Opinion of the Court
OPINION by-
Judge O’Rear
— Reversing.
Appellee resided at Cunningham, a village about 10 miles 1 distant from Bardwell. Her sister, Mrs. Hooper, lived at Mayfield, which, is about 35 or 40 miles from Cunningham. Appellant operated a telephone line between Mayfield and Bardwell. But there was no telephone line at Cunningham, nor was there a telephone or telegraph station nearer to Cunningham, than Bardwell. On October 14, 1904, a telephone message was sent over appellant’s line from Mayfield to appellee, addressed to her at Cunningham, stating that her sister, Mrs. Hooper, was dying, and to come…
2Cases cited3 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Stamey v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
- Southwestern Telegraph & Telephone Co. v. TaylorCourt of Appeals of Texas · 1901
3Cited by1 opinion
- Western Union Telegraph Co. v. ElliottCourt of Appeals of Kentucky · 1909