First National Bank v. Western Union Telegraph Co.
Ohio Supreme Court
Error to the District Court of Belmont county. The facts appear in the opinion. 1. The admission of testimony showing that the dispatch was written on one of the defendant’s printed blanks, and allowing that blank to be read to the jury as a contract between the parties, for the purpose of exonerating the defendant for its negligence, was improper: (a.) The contract was not pleaded.
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Error to the District Court of Belmont county. The facts appear in the opinion. 1. The admission of testimony showing that the dispatch was written on one of the defendant’s printed blanks, and allowing that blank to be read to the jury as a contract between the parties, for the purpose of exonerating the defendant for its negligence, was improper: (a.) The contract was not pleaded. The answer to the amended petition amounted to an abandonment of the answer to the original petition. Dunlap v. Robinson, 12 Ohio St. 530. (b.) The defendant could not relieve itself from liability for negligence.…
1Opinion of the CourtWright, J.
The First National Bank of Barnesvillebrought an action in the court below, against the Telegraph-Company, to recover damages for' failure to transmit and deliver a telegraphic message. The bank was located in.Barnesville, Ohio. It had done business with oue Aaron Lowshe, and had frequently cashed drafts for him, in a small way, prior to February, 1869. In that month, Lowshe wanted two more drafts cashed — one on Beilis & Milligan,. New York, for $1,600; one on Ege & Otis, same place, for $1,400. The amounts being large, and the bank cautious, the cashier wrote to a correspondent in New York,…
2Cases cited7 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Parks v. Alta Cal. Tel. Co.California Supreme Court · 1859
- Lowery v. . Western Union Telegraph Co.New York Court of Appeals · 1875
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