Western Union Telegraph Co. v. Wilhelm
Nebraska Supreme Court
Error from tbe district court of Wayne county. Tried below before Jackson, J. Tbe facts are stated by tbe commissioner, The district court erred in overruling tbe motion to make tbe petition more definite and certain. (Goodwin v. Walls, 52 Ind., 268; Elliot, Appellate Procedure, sec. 665.) The court erred in giving instructions 3 and 4 on its own motion.
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Error from tbe district court of Wayne county. Tried below before Jackson, J. Tbe facts are stated by tbe commissioner, The district court erred in overruling tbe motion to make tbe petition more definite and certain. (Goodwin v. Walls, 52 Ind., 268; Elliot, Appellate Procedure, sec. 665.) The court erred in giving instructions 3 and 4 on its own motion. (Omaha Goal, Golee cG Lime Go. v. Fay, 37 Neb., 75; Wasson v. Palmer, 13 Neb., 376; School District v. Poster, 31 Neb., 501.) Under tbe evidence it is perfectly plain that the consummation of the trade depended upon its approval by Wilhelm.…
1Opinion of the Court
Ragan, C.
O. O. Wilhelm sued the Western Union Telegraph Company in the district court of Wayne county, alleging in his petition, in substance, that on the 29th of January, 1892, Malmgren & Lovegren, residing in Omahá, Nebraska, were his,agents; that on that date they delivered to the telegraph company at Omaha a dispatch in words and figures as follows:
“Omaha, Neb., Jan. 29, 1892.
“To O. 0. Wilhelm, Wagne, Web.: Come at once. Have stock. Bring deed, abstract, and $300. Answer.
“Malmgren & Lovegren.”
That the telegraph company received this message and agreed to correctly transmit and deliver it…
2Cases cited6 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Turner v. Hawkeye Telegraph Co.Supreme Court of Iowa · 1875
- Stuht v. SweesyNebraska Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- MIDLANDS TRANSPORTATION COMPANY v. Apple Lines, Inc.Nebraska Supreme Court · 1972
- Gallagher v. VogelNebraska Supreme Court · 1953
- Rema v. StateNebraska Supreme Court · 1897
- D. W. Trowbridge Ford, Inc. v. GalyenNebraska Supreme Court · 1978
- Parsons Construction Co. v. GiffordNebraska Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.