Western Union Telegraph Co. v. Pells

Opinion by

Will-son, J.

§ 41. Pleading; petition in action against telegraph company for failure to send message. The petition alleged that plaintiff delivered to defendant a dispatch, etc. This was a sufficient averment of the delivery of the dispatch. There is no rule of pleading which re- ■ quires the plaintiff, in a suit against a corporation, to allege the particular agent or employee of the corporation of whose act or omission he complains. It is sufficient to charge the corporation directly. The petition alleges that the dispatch was delivered to defendant for transmission, and that…