Kerns v. Western Union Telegraph Co.

Plaintiff’s action is for damages alleged to have accrued to them by reason of the failure of defendant to deliver a telegram they sent from Kirksville, Mo., to E. O. Millay at Romeo, Mich. A jury was waived and a trial had by the court which resulted in a finding and judgment for plaintiffs in the sum of $180.

The telegram was delivered to defendant’s agent at Kirksville, on Friday, November 10, 1911, at seven o ’clock in the evening, and should have been delivered, in ordinary course, at Romeo on Saturday morning, November 11th. But it was not delivered .until after *437business hours on the…