Postal Telegraph-Cable Co. v. Ross
Mississippi Supreme Court
Appeal from the circuit court of Sunflower county. Hon. E. E. Everett, Judge. Suit by Gladys Ross against the . Postal Telegraph-Cable Company and the Western Union Telegraph Company. Prom a judgment on peremptory instruction for plaintiff for statutory penalty and against plaintiff for punitive damages, both sides appeal.
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Appeal from the circuit court of Sunflower county. Hon. E. E. Everett, Judge. Suit by Gladys Ross against the . Postal Telegraph-Cable Company and the Western Union Telegraph Company. Prom a judgment on peremptory instruction for plaintiff for statutory penalty and against plaintiff for punitive damages, both sides appeal. This suit was begun by Gladys Ross against the Postal Telegraph-Cable Company ancl the AYestern Union Telegraph Company, for damages for the failure of the defendants to deliver a telegram sent by a relative from Utica, Miss., to the plaintiff at Inverness, Miss., apprising…
1Opinion of the CourtHolden, J.
The right of recovery of the statutory penalty of twenty-five dollars in this case is controlled by the rule announced in Marshall v. Telegraph Co., 79 Miss. 154, 27 So. 614, 89 Am. St. Rep. 585, and Western Union Telegraph Co. v. Hall, 79 Miss. 623, 31 So. 202. Therefore the lower court erred in granting the peremptory instruction in favor of the appellee for the statutory penalty; and the judgment, on direct appeal, is reversed and the cause remanded. On the cross-appeal, the judgment of the lower court, refusing cross-appellant an instruction to the jury on punitive damages, under the…
2Cases cited4 opinions
- Steinberger v. Western Union Telegraph Co.Mississippi Supreme Court · 1910
- Marshall v. Western Union Telegraph Co.Mississippi Supreme Court · 1901
- Western Union Telegraph Co. v. HallMississippi Supreme Court · 1901
- Postal Telegraph Cable Co. v. ChristianMississippi Supreme Court · 1912
3Cited by1 opinion
- Western Union Telegraph Co. v. MeekMississippi Supreme Court · 1917