Parks v. Western Union Telegraph Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals.
Read the full summary
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals. The sole question to be decided is whether an oral contract for the delivery of an interstate telegraphic message, made at the time of the delivery of the message to the telegraph company, is sufficient to sustain an action for actual damages sustained by the addressee by reason of the…
1Opinion of the Court
By the Court,
Sanders, C. J.:
This is an appeal from an order overruling plaintiff’s demurrers to defendant’s- two alleged affirmative and separate partial defenses to the cause of action set out in the complaint, and an appeal from a judgment on the pleadings.
The plaintiff brought his action against the Western Union Telegraph. Company to recover a money judgment for the sum of $3,000 as damages for its negligent failure to deliver an interstate telegraphic message written upon one of the defendant’s blank forms furnished the sender. The plaintiff alleges that -by reason of the negligence and…
2Cases cited2 opinions
- Ferguson v. RutherfordNevada Supreme Court · 1872
- Dixon v. PruettNevada Supreme Court · 1919
3Cited by5 opinions
- Petition of FullerNevada Supreme Court · 1945
- Thiess v. RapaportNevada Supreme Court · 1937
- Gerbig v. GerbigNevada Supreme Court · 1942
- Lovelock Lands Inc. v. Lovelock Land & Development Co.Nevada Supreme Court · 1931
- Nelson v. ReinhartNevada Supreme Court · 1923