Legal Opinion

Gardner v. Western Union Telegraph Co.

Court of Appeals for the Eighth Circuit

Decided February 28, 1916No. 4404PublishedCited by 40 opinions

In Error to the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action by John A. Gardner against the Western Union Telegraph Company.

1Opinion of the Court

CARLAND, Circuit Judge.

Gardner, hereinafter called the plaintiff, sued the Western Union Telegraph Company, hereinafter called the Company, for the delay in delivering a message to him which had been sent by Walter B. Scoville from Syracuse, Kan., to Quinlan, Okl./ September 20, 1911. At the close of all the evidence taken at the trial of the action the court directed a verdict against the plaintiff, and he brings the case here assigning this ruling of the court as error.

The undisputed facts shown at the trial are as follows:

On the date of the message hereinafter set forth, the plaintiff was…

2Cases cited38 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
  4. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  5. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912

33 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
  2. Trammell v. Western Union Telegraph Co.California Court of Appeal · 1976
  3. Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
  4. Western Union Telegraph Co. v. HawkinsSupreme Court of Alabama · 1916
  5. Durre v. Western Union Telegraph Co.Wisconsin Supreme Court · 1917

35 more not listed; retrieve them via the Exa API.

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