Legal Opinion

Western Union Telegraph Co. v. Pettyjohn

Supreme Court of Virginia

Decided July 19, 1891PublishedCited by 13 opinions

Error to judgment of the corporation court of the city of Bristol, rendered -July 14th, 1890, in an action (originating upon a warrant issued by a justice of the peace of said county and carried by appeal to said corporation court), wherein J. W. Pettyjohn was plaintiff, and the Western Union Telegraph Company was defendant. The object of the action was to recover the penalty imposed by Code, § 1292, on telegraph companies for failure to deliver a despatch.

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Error to judgment of the corporation court of the city of Bristol, rendered -July 14th, 1890, in an action (originating upon a warrant issued by a justice of the peace of said county and carried by appeal to said corporation court), wherein J. W. Pettyjohn was plaintiff, and the Western Union Telegraph Company was defendant. The object of the action was to recover the penalty imposed by Code, § 1292, on telegraph companies for failure to deliver a despatch. The question of the constitutionality of said section was raised.

1Opinion of the CourtLacy, J.

*297The case is as follows :

On the 25t.li day of July,' 1890, a warrant was issued by a justice of the peace, commanding a constable of Washington county, Virginia, to summon the petitioner to appear at the mayor’s office, in the town of Goodson, situated in said county of Washington, on the 15th day of February, 1890. to answer the complaint of said John W. Pettyjohn upon a claim of $100 as a forfeiture, under section 1292 of the Code of Virginia, for a failure to deliver a telegraphic message sent from Bristol, Tennessee, to Radford, Virginia, which was executed by serving a copy of the warrant…

2Cited by13 opinions

  1. Addison v. SalyerSupreme Court of Virginia · 1946
  2. Western Union Telegraph Co. v. BrightSupreme Court of Virginia · 1894
  3. Wall v. American Bank & Trust Co.Supreme Court of Virginia · 1933
  4. Cropper v. CommonwealthGeneral Court of Virginia · 1843
  5. Cropper v. CommonwealthGeneral Court of Virginia · 1843

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