Kirby v. Western Union Telegraph Co.
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action to recover damages for failure to transmit certain telegrams. Plaintiff had judgment and defendant appeals, The facts are fully stated In the opinion. Obstructing the execution of legal process is an offense against public justice. 4 Bl. Com. 129. A telegraph company is under no obligations to contract to communicate an illegal or immoral message. Rail v. Raguet, 4 Ohio, 400; Chitty on Cont. 729; Bump.
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Appeal from Minnehaha county court. Hon. E. Parliman, Judge. Action to recover damages for failure to transmit certain telegrams. Plaintiff had judgment and defendant appeals, The facts are fully stated In the opinion. Obstructing the execution of legal process is an offense against public justice. 4 Bl. Com. 129. A telegraph company is under no obligations to contract to communicate an illegal or immoral message. Rail v. Raguet, 4 Ohio, 400; Chitty on Cont. 729; Bump. Fraud. Con. 454; Agea v.Duncan, 50 Cal. 825; Powell v. Inman, 7 N. C. 28; Goudy v. Gebhart, I. O. St. 262; Nellis v. Clark,…
1Opinion of the CourtFuller, J.
The complaint in this action states, in substance, that the defendant is a, public carrier of telegraphic messages for hire; that plaintiff, on a day mentioned in the complaint, delivered to defendant three certain telegrams for transmission, which were received by defendant, who agreed to transmit them for a reasonable consideration, to be collected from the respective persons to whom such telegrams were addressed, and in the event that such persons, or any of them, refused to pay the charges at the time of delivery, plaintiff promised and agreed to pay the defendant for the dispatches so…
2Cases cited3 opinions
- People v. BrooksNew York Supreme Court · 1847
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
- Fish v. ManningDistrict Court, S.D. New York · 1887