Heald v. Western Union, Telegraph Co.
Supreme Court of Iowa
Appeal from Cedar District Court.— Hon. W. G. Thompson, Judge. Action to recover damages for failing to properly deliver a telegram. Trial to jury, and verdict and judgment in favor of plaintiff. Defendant appeals.—
1Opinion of the CourtBishop, J.
I. The petition filed by plaintiff did not allege the service of notice of claim for damages within sixty days from the date on which the alleged cause of action arose, September 6, 1903, as required by Code, section 2164. The answer was a general denial. On the trial plaintiff offered in evidence a notice in writing of claim for damages, with return indorsed thereon showing service on the defendant as of date November 4, 1903. To this the defendant objected as incompetent, immaterial, and not within the issues. The objection was overruled, and the notice admitted. This was error, The…
2Cases cited4 opinions
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Decatur v. SimpsonSupreme Court of Iowa · 1902
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1876
- Albers v. Western Union Telegraph Co.Supreme Court of Iowa · 1896
3Cited by4 opinions
- Reynolds v. HenrySupreme Court of Iowa · 1921
- Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910
- Wiese v. HoffmanSupreme Court of Iowa · 1957
- Henriott v. MainSupreme Court of Iowa · 1938