Blackwell Milling & Elevator Co. v. Western Union Telegraph Co.
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Hairier, Trial -Judge. STATEMENT OF FACTS. This is an appeal from the district court of Kay county.
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Error from the District Court of Kay County; before Bayard T. Hairier, Trial -Judge. STATEMENT OF FACTS. This is an appeal from the district court of Kay county. Thei Blackwell Milling & Elevator Company, plaintiff in error, through its petition filed October 9, 1903, sought to recover from the Western Union Telegraph Company, defendant in error, damages upon two causes of action, each cause of action being for the failure of the defendant in error to properly transmit the telegrams therein described. On December 21, 1903, plaintiff below filed an amended petition, consisting of two causes of…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:
Four general assignments of error are made in the petition in error, but, condensed, these raise but the sole question, whether or not in this territory a telegraph company can lawfully exempt itself from liability for losses occasioned by the negligence of its servants, even by express stipulation in the contract of carriage. The petition in this case is not challenged, but the argument of defendant in error is that the contract above set out is valid and reasonable, and relieves the telegraph company from liability for loss occasioned by its negligence,…
2Cases cited4 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Express Co. v. Kountze BrothersSupreme Court of the United States · 1869
3Cited by9 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Chicago, R. I. & P. Ry. Co. v. WehrmanSupreme Court of Oklahoma · 1909
- Western Union Telegraph Co. v. BaileyCourt of Appeals of Texas · 1916
- Western Union Telegraph Co. v. Blackwell Milling & Elevator Co.Supreme Court of Oklahoma · 1909
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