Legal Opinion

Strause Gas Iron Co. v. Western Union Telegraph Co.

Superior Court of Pennsylvania

Decided February 24, 1915No. Appeal, No. 114PublishedCited by 2 opinions

Appeal, No. 114, Oct, T., 1914, by defendant, from judgment of Municipal Court, Phila. Co., Jan. T., 1914, No. 126, for plaintiff on case tried by the court without a jury in suit of Strause Gas Iron Company v. Western Union Telegraph Company. Assumpsit for failure to deliver a telegraph message. Before Gilpin and Wheeler, JJ.

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Appeal, No. 114, Oct, T., 1914, by defendant, from judgment of Municipal Court, Phila. Co., Jan. T., 1914, No. 126, for plaintiff on case tried by the court without a jury in suit of Strause Gas Iron Company v. Western Union Telegraph Company. Assumpsit for failure to deliver a telegraph message. Before Gilpin and Wheeler, JJ. At the trial it appeared that plaintiff on July 23, 1913, delivered to the defendant at one of its offices in Philadelphia, an “unrepeated” night letter for transmission and delivery to Louis J. Strause, secretary and treasurer of plaintiff corporation, then stationed…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiff delivered to the defendant company, at the office of the latter in the city of Philadelphia, a message to be transmitted thence to the secretary of the plaintiff company at Grand Rapids, Michigan. The message was never delivered, and by reason thereof the plaintiff suffered certain damages, to recover which it brought this action. There was ample evidence to warrant a finding that the failure to deliver the message, and the consequent substantial damages, resulted from the negligence of the defendant and its servants. The defendant offered no evidence to rebut…

2Cases cited2 opinions

  1. Dodge v. Adams Express Co.Superior Court of Pennsylvania · 1913
  2. Ridge v. Erie Railroad Co.Superior Court of Pennsylvania · 1913

3Cited by2 opinions

  1. Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
  2. Bailey v. Western Union Telegraph Co.Supreme Court of Kansas · 1916

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