Western Union Telegraph Co. v. Matthews
Court of Appeals of Kentucky
'' Cáse 27 — Action by Fa,nny Matthews against the Western Union Telegraph Co., to Recover Damages for Delay in Delivering a Message. APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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'' Cáse 27 — Action by Fa,nny Matthews against the Western Union Telegraph Co., to Recover Damages for Delay in Delivering a Message. APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The contention of the appellant is:- 1. Where there-is evidence to support a plea of contributory negligence, an instruction to find for the plaintiff unless her negligence caused the injury, is erroneous, as it is a sufficient defense that her negligence contributed to the injury. 2. Where a daughter receives a message in time to1 reach her sick father twenty-seven hours before his…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Reversing.
On the afternoon of November 12, 1896, appellee’s brother lodged at appellant’s office in Springfield, Ky., a telegram, to be transmitted and delivered to appellee at Shelbyville, Ivy., stating; “Come home; father very sick.” The message was promptly transmitted to Shelbyville. The agent the re, upon inquiry, learned that appellee lived some four and one-half miles in the country. The message was directed to the care of James A. MeGaughey, with whom appellee was living. Upon learning that appellee lived out of the town, *191which was beyond appellant's…
2Cases cited2 opinions
- Marr v. Western Union Telegraph Co.Tennessee Supreme Court · 1887
- Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899
3Cited by6 opinions
- Hoaglin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1913
- Western Union Telegraph Co. v. BakerCourt of Appeals for the Eighth Circuit · 1905
- Hoaglin v. . Telegraph Co.Supreme Court of North Carolina · 1913
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1914
- Western Union Teregraph Co. v. GulledgeSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.