Western Union Telegraph Co. v. Van Cleave
Court of Appeals of Kentucky
Case 71 — ACTION FOB DAMAGES FOB DEDAY IN DEDIVEBING TEDEGBAM APPEAL FROM MARION CIRCUIT COURT. (No brief in the record.) 1. The. motion for a peremptory instruction should have been sustained.
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Case 71 — ACTION FOB DAMAGES FOB DEDAY IN DEDIVEBING TEDEGBAM APPEAL FROM MARION CIRCUIT COURT. (No brief in the record.) 1. The. motion for a peremptory instruction should have been sustained. The message was a night message, sent as such because it was cheaper and the message was delivered strictly in accordance with the terms and conditions assented to by the sender. 2. Any instruction authorizing vindictive damages was improper. 3. The court erred in refusing instruction number one, offered by the defendant, which was in effect a peremptory instruction to find for the defendant because it…
1Opinion of the CourtChief Justice Hazelrigg
The appellee recovered judgment of appellant for the sum of $1,000 for mental anguish caused by his inability to attend his brother’s funeral, and which non-attendance he avers, was owing to the negligent failure of the appellant to deliver to him in a reasonable time a telegram announcing the death of that relative. The message was sent from the appellant’s office at Lake City, Missouri, at about nine o’clock on the evening of January 1, 1894, and reached Lebanon, Kentucky, the place of its destination, at eleven-forty-four o’clock on the same even*466ing. It was not delivered to the appellee…
2Cases cited7 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Western Union Telegraph Co. v. HardingIndiana Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Green v. Telegraph Co.Supreme Court of North Carolina · 1904
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- Louisville & N. R. R. v. HullCourt of Appeals of Kentucky · 1902
11 more not listed; retrieve them via the Exa API.