Western Union Telegraph Co. v. Allsworth
Mississippi Supreme Court
Appeal from circuit court of Lafuar county. IIon. A. E. Weathersby, Judge. Action by A. E. AUsAvortli against the Western Union Telegraph Company. Judgment for plaintiff!, and defendant appeals. The appellee sued the appellant for damages for failure to deliver a telegram sent from Slidell, La.,, to Camp Shelby, Miss. There was no undue delay in the transmission and no question as to the correctness of the message, but the telegram was never delivered.
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Appeal from circuit court of Lafuar county. IIon. A. E. Weathersby, Judge. Action by A. E. AUsAvortli against the Western Union Telegraph Company. Judgment for plaintiff!, and defendant appeals. The appellee sued the appellant for damages for failure to deliver a telegram sent from Slidell, La.,, to Camp Shelby, Miss. There was no undue delay in the transmission and no question as to the correctness of the message, but the telegram was never delivered. The appellant filed a plea of the general issue and also two special pleas. The first special plea alleged in substance that the message was…
1Opinion of the CourtW. H. Cook, J.
After stating the facts as above. This case is controlled by the opinion and authorities therein cited in the case of Western Union Telegraph Co. v. J. D. Halbert (No. 21355) 86 So. 760, this day decided. The demurrer to the special pleas should have been overruled.
Reversed and remanded.
2Cases cited1 opinion
- Western Union Telegraph Co. v. HalbertMississippi Supreme Court · 1920
3Cited by1 opinion
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1935