Legal Opinion

Western Union Telegraph Co. v. Showers

Mississippi Supreme Court

Decided October 15, 1916PublishedCited by 4 opinions

Appeal from the circuit court of Coahoma county. HoN. W. A. Alcorn, Jr., Judge. Suit by H. H. Showers against the Western Union Telegraph -Company. From a judgment for plaintiff, defendant, appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Coahoma county. HoN. W. A. Alcorn, Jr., Judge. Suit by H. H. Showers against the Western Union Telegraph -Company. From a judgment for plaintiff, defendant, appeals. The facts are fully stated in the opinion of the court. Prior to the passage of the Act of Congress of June 18, 1910, Congress had not legislated or acted in any way in reference to interstate telegraphic communications, although it had long been held that the interstate telegraphic business was interstate commerce. In the case of the Western Union Telegraph Go. v. Texas, 105 U. S. 460, the…

1Opinion of the Court

Potter. J.,

delivered the opinion of the court.

This was a suit brought by H. IT. Showers, the appel-lee, as plaintiff in the circuit court of Coahoma county, against the Western Union Telegraph Company, appellant, defendant in the court below. This suit was for the negligent delay of about twenty-four hours in the de*423livery of an interstate message addressed at Clarksdale, Miss., to the plaintiff’s daughter at Trenton, Ky. This case was tried throughout under the common law of Mississippi as determined by decisions of this court, but should have been tried under the laws of the United States.…

2Cases cited5 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
  3. Southern Express Co. v. ByersSupreme Court of the United States · 1916
  4. Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
  5. Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916

3Cited by4 opinions

  1. Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
  2. Dickerson v. Western Union Telegraph Co.Mississippi Supreme Court · 1917
  3. Western Union Telegraph Co. v. NormanMississippi Supreme Court · 1919
  4. Phillips v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1931

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