Western Union Telegraph Co. v. James
Supreme Court of Georgia
Telegraph company. Penalty. Damages. Constitutional law. Before Judge G-ubrry. Early superior court. October term, 1891. James sued the telegraph company for the statutory penalty for failure to deliver a message within a reasonable time, and for damages resulting from such failure. He obtained a verdict for both the penalty and damages. Defendant’s motion for a new trial -was overruled, and it excepted.
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Telegraph company. Penalty. Damages. Constitutional law. Before Judge G-ubrry. Early superior court. October term, 1891. James sued the telegraph company for the statutory penalty for failure to deliver a message within a reasonable time, and for damages resulting from such failure. He obtained a verdict for both the penalty and damages. Defendant’s motion for a new trial -was overruled, and it excepted. The motion contained the general grounds that the verdict was contrary to law, evidence, etc. Also, that the court erred in not dismissing from the declaration, upon defendant’s motion, the…
1Opinion of the Court
*255 Judgment reversed, with direction.
Also, because the court erred in charging: “I charge you that if the defendant, the telegraph company, undertook to transmit to this place a message which had been paid for at the other end of the line, and did fail to deliver the message to James within a reasonable time from the time it was received, the plaintiff is entitled to recover, for the failure to deliver, $100 as a penalty fixed upon that act by law. “I charge you that if you should believe that the defendant company did receive a message at this office for Mr. James, and then from their failure…
2Cited by13 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Western Union Telegraph Co. v. LarkSupreme Court of Georgia · 1895
- Wallingford v. Western Union Tel. Co.Supreme Court of South Carolina · 1898
- Brooke v. Western Union Telegraph Co.Supreme Court of Georgia · 1904
- Western Union Telegraph Co. v. CoyleSupreme Court of Oklahoma · 1909
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