Steinberger v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Lee county. ■Hon. Eugene O. Sykes, Judge. Steinberger, appellant, was plaintiff in the court below; the telegraph company, appellee, .was defendant there.. From a judgment in' favor of the defendant the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Lee county. ■Hon. Eugene O. Sykes, Judge. Steinberger, appellant, was plaintiff in the court below; the telegraph company, appellee, .was defendant there.. From a judgment in' favor of the defendant the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. Proof that a telegram was unreasonably delayed in delivery or that delivery was not made at all is legally sufficient to raise a presumption of negligence and cast upon the telegraph company the burden of showing facts excusing such default. 12 Eney. Ev. 410. The appellee…
1Opinion of the CourtSmith, J.
Appellant instituted suit in the court below to' recover of appellee punitive damages for its alleged wanton and wilful negligence in failing to deliver a telegram. On Wednesday, the 4th day of November, 1908, a telegram was delivered to appellee at Eureka, Kan., for transmission to appellant at Tupelo, Miss. This telegram was never delivered, and so far as the evidence discloses no attempt was made by appellee so to do. At the close of the evidence a peremptory instruction was given on behalf of appellee, and there was a verdict and judgment accordingly.
The sole question presented to us oh…
2Cited by5 opinions
- Johnson v. Western Union Telegraph Co.Mississippi Supreme Court · 1917
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- Western Union Telegraph Co. v. TeagueMississippi Supreme Court · 1918
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