Eddington v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Carter Circuit Court. — Hon. William N. Evans, Judge, The testimony discloses the fact that defendant’s agent informed plaintiff at the time of the offering of said message to him that in all probability he would not be able to transmit said message for the reason that the wires were in bad condition, and that if accepted at all would be subject to delay, and under those conditions said message was left with defendant’s agent for transmission from Elsinore,…
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Appeal from Carter Circuit Court. — Hon. William N. Evans, Judge, The testimony discloses the fact that defendant’s agent informed plaintiff at the time of the offering of said message to him that in all probability he would not be able to transmit said message for the reason that the wires were in bad condition, and that if accepted at all would be subject to delay, and under those conditions said message was left with defendant’s agent for transmission from Elsinore, Missouri, to Piggot, Arkansas, which threw responsibility upon plaintiff and relieved defendant of penal liability or other…
1Opinion of the CourtNortoni, J.
(after stating the facts). — We are clearly of the opinion that the court should have peremptorily directed a verdict for the appellant. We do not reach this conclusion from the fact that for some reason unexplained in the record, the wires seemed to be down, nor upon the grounds that some condition had arisen which rendered it impossible for appellant to transmit the message with promptitude, as in Taylor v. Tel. Co., 107 Mo. App. 105, 80 S. W. 697, for no sufficient showing is contained in the record to justify such holding on these grounds. We reach the conclusion, however, upon the broad…
2Cases cited6 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Brashears v. Western Union Telegraph Co.Missouri Court of Appeals · 1891
- Smith v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- Taylor v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Cowan v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.