Western Union Telegraph Co. v. Timmons
Supreme Court of Georgia
Action for penalty. Before Judge Westmoreland. City court of Atlanta. ' May term, 1893. . Timmons obtained a verdict against the telegraph company for the statutory penalty for failure to deliver a prepaid message dated February 3, 1891, with impartiality, good faith and due diligence. The company excepted to the overruling of its motions for nonsuit and new trial.
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Action for penalty. Before Judge Westmoreland. City court of Atlanta. ' May term, 1893. . Timmons obtained a verdict against the telegraph company for the statutory penalty for failure to deliver a prepaid message dated February 3, 1891, with impartiality, good faith and due diligence. The company excepted to the overruling of its motions for nonsuit and new trial. The evidence showed as follows : Plaintiff, who resided in Augusta, had left his address at defendant’s office in Atlanta, as he was expecting the message on February 3,1891. He told the operator in defendant’s office to send it to…
1Opinion of the Court
Bleckley, Chief Justice.
1. We can see nothing in the telegraph company penalty act of- October 22d, 1887, which gives color to the theory that a non-resident of a city makes himself a resident within the meaning of the proviso to the second section of the act, by giving to the company an address within the city at which he can be found temporarily. •Since this case arose, delivery to non-residents whose address may be furnished by the senders of dispatches has been provided for by the act of December 20th, 1892. (Pamph. p. .96.)
2. The second section of the act of 1887 deals exclusively with…
2Cited by2 opinions
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- Western Union Telegraph Co. v. EdwardsSupreme Court of Georgia · 1895