McMillan v. Western Union Telegraph Co.
Supreme Court of Florida
This case was decided by the Court En Banc. Writ of error to the Circuit Court for Escambia County. Statement. The plaintiffs in error brought an action in the Circuit Court for Escambia County against the defendant in error, in which the declaration alleges “that the defend ant was during the months of May and June, A. D. 1906, the owner of and was operating a public telegraph line between the city of Camden, in the State of Alabama, and the station of Pine Barren in the…
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This case was decided by the Court En Banc. Writ of error to the Circuit Court for Escambia County. Statement. The plaintiffs in error brought an action in the Circuit Court for Escambia County against the defendant in error, in which the declaration alleges “that the defend ant was during the months of May and June, A. D. 1906, the owner of and was operating a public telegraph line between the city of Camden, in the State of Alabama, and the station of Pine Barren in the State of Florida, and held itself out to the public as receiving, transmitting and delivering for hire telegraphic…
1DissentWhitfield, C. J.
The law casts upon a telegraph company, because of the public service it is engaged in, the duty to promptly deliver to the addressee a telegram properly entrusted to the company for transmission, and a corresponding liability in damages for negligence in performing the duty. Western Union Tel. Co. v. Milton, 53 Fla., 484, 43 South. Rep. 495, 11 L. R. A. (N. S.) 560, 125 Am. St. Rep. 1077; *141I. O. T. Co. v. Saunders, infra; Jones on Tel. & Tel. Paragraph 478 et seq.; Western Union Tel. Co. v. Dubois, 128 Ill. 248, 21 N. E. Rep. 4, 2 Ann. Cas. 398.
In an action for damages the declaration by its…
2Cases cited53 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
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