Brooks v. Western Union Telegraph Co.
Utah Supreme Court
Appeal from the Second District Court, Weber County. — Eon. H. E. Rolapp, Judge. Action to recover damages alleged to have been occasioned by the failure of the defendant to transmit messages. From a judgment in favor of the plaintiffs, tire defendant appealed. The telegrams were written upon a printed form containing certain terms, and were signed by the sender. This amounted to an agreement that they should he sent according to such terms.
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Appeal from the Second District Court, Weber County. — Eon. H. E. Rolapp, Judge. Action to recover damages alleged to have been occasioned by the failure of the defendant to transmit messages. From a judgment in favor of the plaintiffs, tire defendant appealed. The telegrams were written upon a printed form containing certain terms, and were signed by the sender. This amounted to an agreement that they should he sent according to such terms. One of the terms being that the telegraph company would not be liable for damages in any case where the claim was not presented in writing within sixty…
1Opinion of the CourtMcCARTY, J.
The' respondents were partners engaged in buying and selling horses in the States of Utah and Wyoming, with their principal place of business at Ogden, Utah. On the 24th day of September, 1900, they had a band of horses of 281 head at Oreen River, Wyo., which they had bargained to sell to one Searcy at the agreed price of $11 per head, the horses to be delivered and paid for at Oreen River. ' Respondent B. B. Brooks was to keep R. S. Brooks, who had the horses in charge, informed when Searcy would arrive at Oreen.River to receive and pay for the horses. On September 23,1900, B. B. Brooks…
2Cases cited18 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
- Western Union Telegraph Co. v. CoyleSupreme Court of Oklahoma · 1909
- Cain v. Western Union Telegraph Co.Supreme Court of Kansas · 1913
- Neilson v. EisenUtah Supreme Court · 1949
- C. B. Nash Co. v. Western Union Telegraph Co.Nebraska Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.