McLeod v. Pacific Telephone Co.
Oregon Supreme Court
From Coos: Lawrence T. Harris, Judge. This is an action by Frances McLeod against the Pacific Telephone Company. From a judgment granting a nonsuit, plaintiff appeals. Statement by Mr. Chief Justice Bean. This is an action to recover damages for a failure of defendant company to notify plaintiff that she was wanted at one of its offices to answer a long-distance call. Plaintiff resides at Marshfield, and is a stenographer by profession.
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From Coos: Lawrence T. Harris, Judge. This is an action by Frances McLeod against the Pacific Telephone Company. From a judgment granting a nonsuit, plaintiff appeals. Statement by Mr. Chief Justice Bean. This is an action to recover damages for a failure of defendant company to notify plaintiff that she was wanted at one of its offices to answer a long-distance call. Plaintiff resides at Marshfield, and is a stenographer by profession. Defendant owns and operates a public telephone line between Port Orford and Marsh-field, a distance of 50 or 60 miles. In August, 1903, Judge Hamilton of the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The contention of defendant is that plaintiff cannot recover in this action, because she was not the party *25to be benefited by the contract which it made with Benson. The right of an addressee or receiver of a message to sue a telegraph or telephone company for a failure to transmit or deliver the message,' has been the subject of much discussion in the courts of this country. In England the question is simple. It is there held that the obligations of the company arise entirely from the contract between it and the sender of the message, and that the…
2Cases cited7 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
- Frazier v. Western Union Telegraph Co.Oregon Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Larson v. Heintz Construction Co.Oregon Supreme Court · 1959
- Viscount Air Services, Inc. v. Cole (In Re Viscount Air Services, Inc.)United States Bankruptcy Court, D. Arizona · 1998
- Tom Lee, Inc. v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1936
- Carlson v. SteinerOregon Supreme Court · 1950
4 more not listed; retrieve them via the Exa API.