Western Union Telegraph Co. v. Barlow
Supreme Court of Florida
This case was decided, by Division B. Writ of Error to the Circuit Court for Orange County. STATEMENT. On the 7th day of December, 1903, the defendant in error, T. BE.
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This case was decided, by Division B. Writ of Error to the Circuit Court for Orange County. STATEMENT. On the 7th day of December, 1903, the defendant in error, T. BE. Barlow, filed hisi declaration against the plaintiff in error, The Western Union Telegraph Company, in the Circuit Court of Orange County, Florida, which declaration is in the words and figures following: “Now comes T. H. Barlow, by his attorneys, Begigs & Palmer, and sues the defendant, The Western Union Telegraph Company, a corporation doing business in the State of Florida, for that the said defendant was on the 22nd day of…
1Opinion of the Court
Hooker, J.,
(after stating the facts). The mere fact that a declaration, or count thereof, may set up elements-that do not enter into the measure of damages or greater damages, than- the case made legally entitles the plaintiff to recover, if any damages whatever may be recovered thereunder, though such damages be only nominal, does not make the declaration demurrable. Such questions are properly raised and settled by objections to testimony at the trial, or by instructions to the jury as to the law-applicable to the points raised, or may be cause for reforming the declaration under section…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Cook v. StateSupreme Court of Florida · 1903
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Jacksonville, Tampa & Key West Railway Co. v. GriffinSupreme Court of Florida · 1894
- Muller v. Ocala Foundry & Machine WorksSupreme Court of Florida · 1905
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3Cited by4 opinions
- Monroe v. Sarasota County School Bd.District Court of Appeal of Florida · 1999
- Hildreth v. Western Union Telegraph Co.Supreme Court of Florida · 1908
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
- McMillan v. Western Union Telegraph Co.Supreme Court of Florida · 1910