Markley v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Carroll District Court: — Hon. F. M. Powers, Judge. Action at law to recover damages - for failure to deliver a death message. Trial to a jury, verdict and judgment for plaintiff in the sum of $745, and defendant appeals.
1Opinion of the CourtDeemer, J.
This is the second time the case has been before us. Tbe opinion on tbe first appeal will be found in 144 Iowa, 105. Tbe facts are quite fully recited in that opinion and need not be repeated in full. Plaintiff’s true name is Calvin Markley, but tbe message, when it reached *614defendant’s agent at Plattsmouth, Neb., was addressed' to “Carroll Markley.” The message was delivered, or rather telephoned, to defendant’s agent at Glidden, Iowa, by plaintiff’s brother, S. Markley, and as written by this agent read as follows: “Glidden, Iowa, 12-28-1906. Carroll Markley, Plattsmouth, Nebraska — Mother…
2Cases cited8 opinions
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. DouglassTexas Supreme Court · 1911
- Bryan v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Howard v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brown v. SchmitzSupreme Court of Iowa · 1946
- Elson v. NicklesSupreme Court of Iowa · 1949
- Markley v. Western Union Telegraph Co.Supreme Court of Iowa · 1913
- Schmitt v. Postal Telegraph Cable Co.Supreme Court of Iowa · 1914