Western Union Telegraph Co. v. McLaurin
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by J. D. McLaurin against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Lauderdale county. Hon. Jno. L. Buckley, Judge. Suit by J. D. McLaurin against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the cohrt. ' We concede that a wrong doer cannot set off against an injured party, that he too is a public offender in another distinct transaction, but in this case the telegrams in question were concerned and appellee’s whole damage arose out of his unlawful cohabitation, and it is clear that if the character of Alice and appellee’s unlawful relation…
1Opinion of the CourtCook, J.
This case was begun by appellee against appellant to recover damages for injuries caused by appellant disclosing the contents of two telegrams. The messages were sent from Selma, Alabama, to appellee at Toomsuba, Mississippi, and were in the following words:(1) “Call me up at once at 9196.- [Signed]* Alice.”(2) “Please come home, I am sick. [Signed] Alice.”
The first message was dated November 3,1912, and the second November 4, 1912, and' each was delivered to the sendee on the day of their date.
The first telegram was written on a tissue paper train sheet and folded on itself, but was not…
2Cases cited2 opinions
- Erb v. ScottSupreme Court of Pennsylvania · 1850
- Davis v. McGrathSupreme Court of Pennsylvania · 1848
3Cited by21 opinions
- Price v. Purdue Pharma Co.Mississippi Supreme Court · 2006
- Meador v. Hotel GroverMississippi Supreme Court · 1942
- Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
- Illinois Central Railroad v. MessinaSupreme Court of the United States · 1916
- Capps v. Postal Telegraph-Cable Co.Mississippi Supreme Court · 1944
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