Reynolds v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The action is grounded on a negligent breach of contract on the part of the defendant. There was no negligent breach of the contract. Tel. Co. v. Trotter, 55 111. App. 659; Tel. Co. v. Taylor, 3 Tex. Civ. App. 310; 22 S. W. Rep. 532; Tel. Co. v. Henderson, 89 Ala. 510; Reese v. Tel. Co., 123 Ind. 294; Tel.
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Appeal from the Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The action is grounded on a negligent breach of contract on the part of the defendant. There was no negligent breach of the contract. Tel. Co. v. Trotter, 55 111. App. 659; Tel. Co. v. Taylor, 3 Tex. Civ. App. 310; 22 S. W. Rep. 532; Tel. Co. v. Henderson, 89 Ala. 510; Reese v. Tel. Co., 123 Ind. 294; Tel. Co. v. Lindley, 62 Ind. 371, 375; Green v. Cole, 103 Mo. 70, 76; Palls Wire, etc., Co. v. Broderick, 12 Mo. App. 378, 383; Robinson v. Estes, 53 Mo. App. 582, 585, 586; Tel. Co. v. Warren, 36 S. W. Rep. 315, 316;…
1Opinion of the CourtSmith, P. J.
This is an action on contract to recover damages. The case may be sibated about this way: In De.cernber, 18 9 Y, the plaintiff, who resided about six miles from Pattonsburg, in this state, was the owner of a number of cattle which he intended to ship to Olander & Isaacson, his commission merchants at Kansas Oity, for sale on the market there; thait on the eighth of said month McCroskey, a cattle salesman of said commission merchants, who having been apprised of such intention delivered to defendant the following message:
“12-8, 189Y.
“To W. D. Reynolds, Pattonsburg, Mo.:
“Cattle awful mean. Hold…
2Cases cited8 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Morton v. HeidornSupreme Court of Missouri · 1896
- Douglass v. StephensSupreme Court of Missouri · 1853
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
- Brashears v. Western Union Telegraph Co.Missouri Court of Appeals · 1891
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3Cited by5 opinions
- Cline v. MockMissouri Court of Appeals · 1910
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Elam v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Harrington v. Western Union Telegraph Co.Missouri Court of Appeals · 1915
- State ex rel. Railroad Commission v. Adams Express Co.Indiana Supreme Court · 1908