Magouirk v. Western Union Telegraph Co.
Mississippi Supreme Court
From tbe circuit court of Jones county. ■ Hon. JohN R. Ehoohs, Judge. Appellant, Miss Magouirk, wbo was plaintiff in tbe court below, brought this suit against tbe Western Union Telegraph Company, defendant there, to recover damages alleged to have been caused by tbe sending of a dispatch over the company’s wires, which is averred in the declaration to have been a bogus telegram, forged by one Cooper, an agent of the company.
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From tbe circuit court of Jones county. ■ Hon. JohN R. Ehoohs, Judge. Appellant, Miss Magouirk, wbo was plaintiff in tbe court below, brought this suit against tbe Western Union Telegraph Company, defendant there, to recover damages alleged to have been caused by tbe sending of a dispatch over the company’s wires, which is averred in the declaration to have been a bogus telegram, forged by one Cooper, an agent of the company. The dispatch complained of is as follows: “To Mr. Gann, Ellisville: Be sure to go to Heidelberg. Am on excursion. Lola Me.” The plaintiff was an unmarried woman, and the…
1Opinion of the CourtWhitfield, C. J.
The testimony as to .the habits of the telegraph operator was addressed, as we understand it, to his fitness and suitableness for the place he held, and in that view should have been admitted. Railroad Co. v. Patton, 31 Miss., 156; 66 Am. Dec., 552. This case falls squarely within the case of Richberger v. Express Co., 73 Miss., 161 (18 So. Rep., 922); 31 L. R. A., 390; 55 Am. St. Rep., 522. It is wholly unlike Canton Co. v. Pool, *63778 Miss., 147 (28 So. Rep., 823). Tbe appellant was at the telegraph office about the business of that office. What the agent did was in the very line of his business…
2Cases cited4 opinions
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1891
- Canton Cotton Warehouse Co. v. PoolMississippi Supreme Court · 1900
3Cited by5 opinions
- Hinish v. Meier & Frank Co.Oregon Supreme Court · 1941
- Steding v. BattistoniConnecticut Appellate Court · 1964
- Wise v. Western Union Telegraph Co.Superior Court of Delaware · 1934
- Houston v. OppenheimMississippi Supreme Court · 1933
- Western Union Telegraph Co. v. TeagueMississippi Supreme Court · 1918