Manville v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Marshall Disi/rict Oowrt. Thursday, October 9. The plaintiff alleges that on the 12th of October, 1871, he was a stock dealer, shipping hogs from Marshalltown, Iowa, to Chicago, Illinois, and had agents in Chicago, Kelley, Graber & Co., who were instructed to inform plaintiff of the state of the market, etc.; that on said 12th of October, plaintiff had on hand at Marshalltown ready for shipment 180 head of fat hogs; that on that day said Kelley, Graber & Co.…
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Appeal from Marshall Disi/rict Oowrt. Thursday, October 9. The plaintiff alleges that on the 12th of October, 1871, he was a stock dealer, shipping hogs from Marshalltown, Iowa, to Chicago, Illinois, and had agents in Chicago, Kelley, Graber & Co., who were instructed to inform plaintiff of the state of the market, etc.; that on said 12th of October, plaintiff had on hand at Marshalltown ready for shipment 180 head of fat hogs; that on that day said Kelley, Graber & Co. delivered to the defendant, at Chicago, to be sent to plaintiff the following message: “ W. S. Yards, October l%th, 1871. “…
1Opinion of the CourtMiller, J.
1. Teiegbaph Companies. I. Appellant’s counsel insist that the verdict is contrary to the evidence. They claim that there was no evidence before the jury of negligence on the part of defendant, unless it. is inferred from the mere fact of the mistake in the dispatch and the delay in its delivery to the plaintiff, which, they contend, is insufficient.
The testimony shows that the message was received at Marshalltown, Friday, the 13th of October, 1871; that the defendant kept a messenger boy to deliver messages; that the message in this case was not placed in the hands of the messenger by the…
2Cases cited9 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Smith v. CondrySupreme Court of the United States · 1843
- Blanchard v. ElyNew York Supreme Court · 1839
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
27 more not listed; retrieve them via the Exa API.