Mondon v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for damages. Before Judge Turnbull. City coui’t of Floyd county. September term, 1894. Mondon sued the telegrapth company, and obtained a verdict. A new trial was granted on defendant’s motion, which judgment was affirmed. 94 Ga. 716. On September 12, 1894, plaintiff obtained a verdict for $359 principal, and $75.18 interest from July 18, 1891, and entered up judgment for $434.18 and costs. Defendant’s motion for new trial was again sustained, and plaintiff excepted.
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Action for damages. Before Judge Turnbull. City coui’t of Floyd county. September term, 1894. Mondon sued the telegrapth company, and obtained a verdict. A new trial was granted on defendant’s motion, which judgment was affirmed. 94 Ga. 716. On September 12, 1894, plaintiff obtained a verdict for $359 principal, and $75.18 interest from July 18, 1891, and entered up judgment for $434.18 and costs. Defendant’s motion for new trial was again sustained, and plaintiff excepted. Plaintiff’s claim was, in brief, as follows : On and before September 15,1890, he was in the service of the C., R. & C.…
1Opinion of the Court
Lumpkin, Justice.
The facts appear in the reporter’s statement.
1. We will first look at the case upon the assumption that all of the evidence introduced by the plaintiff was legally admitted; and from this standpoint, we think it clear that he was entitled to a verdict against the defendant. The plaintiff’s telegram, which the defendant negligently failed to duly transmit and deliver, was in reply to a letter which contained a distinct offer of employment; and we think, in view of the contents of that letter, that the plaintiff’s message amounted to an acceptance of the employment offered.…
2Cases cited2 opinions
- Magarahan v. Wright & LamkinSupreme Court of Georgia · 1889
- Merrill v. Western Union Telegraph Co.Supreme Judicial Court of Maine · 1886
3Cited by7 opinions
- Odom v. BushSupreme Court of Georgia · 1906
- Western Union Telegraph Co. v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1935
- Wade v. HopperCourt of Appeals of Georgia · 1953
- Buchanan v. Foxfire Fund, Inc.Court of Appeals of Georgia · 1979
- Snyder v. Savannah Union Station Co.Court of Appeals of Georgia · 1952
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