Thomas v. Western Union Telegraph Co.
Court of Appeals of Kentucky
Case 25 — ACTION BY MOLLIE THOMAS AGAINST THE WESTERN UNION TELEGRAPH CO. FOR DAMAGES FOR FAILING TO DELIVER TELEGRAM. Appeal from Hickman Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendant. Plaintiff appeals.
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Case 25 — ACTION BY MOLLIE THOMAS AGAINST THE WESTERN UNION TELEGRAPH CO. FOR DAMAGES FOR FAILING TO DELIVER TELEGRAM. Appeal from Hickman Circuit Court. R. J. Bugg, Circuit Judge. Judgment for defendant. Plaintiff appeals. CLASSIFICATION OF QUESTIONS DISCUSSED. 1. ' Error of the court in sustaining motion made by attorney for appellee (defendant in court below) to strike words from petition. 2. Error of the court at the conclusion of the plaintiff’s evidence in giving to the jury instruction marked “A.” 3. The appellee, the Western Union Telegraph Company, is liable in damages for failing to…
1Opinion of the Court
Opinion by
Judge Nunn
Reversing.
The appellant instituted this action against the appellee for $1,000 in damages for its negligence in failing, by its servants and agents, to deliver to her in a reasonable time twfi telegrams sent to her by her brother from Poplar Bluff, Mo., and addressed to her at Clinton, Ky. The telegrams are as follows: “To Mollie Thomas in country, Clinton, Ky.: Father is dead. Send me what money you have, meet me at Oakton. ’ ’ This telegram was received at the Clinton office at 11:14 a. m. November 3, 1903. In about three hours after this, the. following was received:…
2Cases cited4 opinions
- Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
- Western Union Telegraph Co. v. Van CleaveCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. FisherCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. MathewsCourt of Appeals of Kentucky · 1900
3Cited by1 opinion
- Lee v. Western Union Teleg. Co.Court of Appeals of Kentucky · 1908