Davenport v. Western Union Telegraph Co.

This is an action to recover damages for failure to deliver a telegram. Plaintiff recovered verdict and judgment for $500. Defendant’s motion for new trial was denied, and it appealed from the judgment.

*576The main contention is that the complaint does not state facts sufficient to constitute a cause of action. In it plaintiff alleges that in September and October, 1929, he, with the knowledge of defendant, had been in communication by telegraph with “Siberling Business Service” of Berkeley, California, with reference to investments in stocks, bonds and other securities; that he followed the…