Legal Opinion

Western Union Telegraph Co. v. Harvey

Supreme Court of Kansas

Decided November 7, 1903No. 13,218PublishedCited by 4 opinions

Error from Leavenworth district court; J. H. Gillpatrick, judge.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, C. J. :

M. C. Harvey, who resided near Wallula and owned a ranch near Pomona, sent the following telegraphic message by the Western .Union Telegraph Company to his foreman, C. W. Higgins :

“Dec. 3d, 1897.
“ G. W. Higgins, Pomona, Ks.:
“Order cars and ship three loads Monday night. See letter. M. C. Harvby.”

The message was written on a blank piece of paper and not on the ordinary telegraph blanks containing printed rules and limitations. The charge for sending the message from Wallula to Pomona was twenty-five cents and was paid by the sender. The…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. SwearingenTexas Supreme Court · 1902
  2. Western Union Telegraph Co. v. HargroveCourt of Appeals of Texas · 1896

3Cited by4 opinions

  1. Western Union Telegraph Co. v. StateSupreme Court of Oklahoma · 1912
  2. M'Caul v. Western Union Telegraph Co.Tennessee Supreme Court · 1905
  3. Western Union Telegraph Co. v. EarnestSupreme Court of Alabama · 1916
  4. Western Union Telegraph Co. v. KlitzkeIndiana Court of Appeals · 1909

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