Marshall v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Monroe county. HoN. EugeNE O. Syees, Judge. Marshall, appellant, was plaintiff in the court below; the telegraph company was .defendant there. This suit was brought to recover the statutory penalty of $25, and $75 damages for delay in the transmission and delivery of a message sent by appellant to one Terrill, of Quincy, Miss. On May Cl, 1898, appellant was in Birmingham, Ala., en route to Quincy, Miss.
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From the circuit court of Monroe county. HoN. EugeNE O. Syees, Judge. Marshall, appellant, was plaintiff in the court below; the telegraph company was .defendant there. This suit was brought to recover the statutory penalty of $25, and $75 damages for delay in the transmission and delivery of a message sent by appellant to one Terrill, of Quincy, Miss. On May Cl, 1898, appellant was in Birmingham, Ala., en route to Quincy, Miss. He had with him three nieces, all infants, and sent a telegram to Terrill, at Quincy, Miss, (whose home was in the country, about one mile from the station), prepaid,…
1Opinion of the CourtWhitfield, J.
The message in this case was transmitted from Birmingham, Ala., to Quincy, Miss., correctly. The delay occurred either at Birmingham, in starting it, or in the transmission. There was nothing to show to which of these two causes the delay was due. The operator at Quincy promptly delivered it upon reception at that office. The action is to recover the penalty provided by § 4326 of the code of 1892, and the effort is to recover the penalty for failure to transmit the message ‘ ‘ within a reasonable time, without good and sufficient reason. ’ ’ Counsel for appellant contend that Telegraph Co. v.…
2Cases cited4 opinions
- Smith v. AlabamaSupreme Court of the United States · 1888
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- Alexander v. Western Union Telegraph Co.Mississippi Supreme Court · 1888
3Cited by3 opinions
- Mobile & Ohio Railroad v. GreenwaldMississippi Supreme Court · 1913
- Hilley v. Western Union Telegraph Co.Mississippi Supreme Court · 1904
- Postal Telegraph-Cable Co. v. RossMississippi Supreme Court · 1916