Hilley v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Warren county. Hon. George Anderson, Judge. Hilley, the appellant, was plaintiff, and the telegraph company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion states the facts of the case.
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From the circuit court of Warren county. Hon. George Anderson, Judge. Hilley, the appellant, was plaintiff, and the telegraph company, the appellee, defendant in the court below. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. The opinion states the facts of the case. Is appellant entitled to recover of appellee the penalty of twenty-five dollars imposed by § 4326, Code 1892 ? The usual route for sending messages from Meridian to McComb City was by way of New Orleans through a relay office. The message in question was sent to the relay office at New Orleans,…
1Opinion of the CourtCalhoon, J.
Mr. Hilley was a commercial traveler, with his home at Sugar Valley, Ga., where his family was, and, as part of it, a sick child. On August 11, 1903, being at Meridian, Miss., he wired his wife at Sugar Valley: “Wire me, McOomb City, Miss., how sick are.” Mrs. Hilley promptly received this message, and on that day, August 11th, wired him, directing the message to McOomb City, “Sick are no better;” and this message was duly transmitted to McComb City, but not delivered, because Mr. Hilley was not there. In fact, after wiring this dispatch to his wife, he had an order to go to Vicksburg, and so…
2Cases cited5 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Alexander v. Western Union Telegraph Co.Mississippi Supreme Court · 1888
- Marshall v. Western Union Telegraph Co.Mississippi Supreme Court · 1901
- Western Union Telegraph Co. v. HallMississippi Supreme Court · 1901
- Western Union Telegraph Co. v. PallottaMississippi Supreme Court · 1902
3Cited by1 opinion
- Duncan v. Western Union Telegraph Co.Mississippi Supreme Court · 1908