Western Union Telegraph Co. v. Bourn
Mississippi Supreme Court
Appeal from circuit court of Marion county. Hon. A. E. Weathersrt, Judge.. Action by J. J. Bourn against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. In response to the suggestion of the court that the brief of the appellee as to the right of the appellee to recoper actual damages in the Way of expenses etc., should be replied to.
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Appeal from circuit court of Marion county. Hon. A. E. Weathersrt, Judge.. Action by J. J. Bourn against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. In response to the suggestion of the court that the brief of the appellee as to the right of the appellee to recoper actual damages in the Way of expenses etc., should be replied to. We beg to submit the following: Tbe point made by the counsel as we understand it, is that as the action in this case was by the sendee and an action in tort, the stipulation as to unrepeated messages would not apply and he…
1Opinion of the Court
Sm:ith, C. J.,
delivered the opinion of the court.
The appellee sued the appellant in the court below for negligence in the transmission of a telegram.
It appears both from the declaration and the evidence that Robertson delivered to the defendant at Columbia, Miss., a message for the appellee at Mooring Port, La., reading as follows:
“Lizzie doing fine. Whats the trouble can’t get any hearing. ’ ’
As delivered to the appellee by the defendant it reads:
“Lizzie dying from whats the trouble can’t get any hearing. ’ ’
Lizzie was the wife of Robertson, the sister of the appellee, and -Was then in a…
2Cases cited7 opinions
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.Supreme Court of the United States · 1919
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- Clement v. Western Union Telegraph Co.Mississippi Supreme Court · 1900
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