Western Union Telegraph Co. v. Braxtan
Indiana Supreme Court
Erom Orange Circuit Court; William N. Paynter, Special Judge. Action by Thomas 1ST. Braxtan, Jr., against the Western Union Telegraph Company. Erom a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §133^ Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtHadley, J.
Action by appellee for the recovery of a penalty imposed by the statute of April 8, 1885, for default of statutory duty with respect to a message intrusted to appellant. The plaintiff filed the message with the defendant’s agent at Indianapolis at 3 o’clock p. m. on June 18, 1903, addressed to E.' C. Braxtan, Paoli, Indiana. It was received by the defendant’s agent at Paoli at 4:05 o’clock p. m. of same day, but because of the negligence of defendant’s agent at Paoli, was not delivered to the addressee till J :30 o’clock a. m. the next day. The case went to trial by the court on the general…
2Cases cited9 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
- State ex rel. Coffin v. AthertonNevada Supreme Court · 1886
- Chicago & Eastern Illinois Railroad v. State, ex rel. KetchamIndiana Supreme Court · 1898
- Davis & Bro. v. WoolnoughSupreme Court of Iowa · 1859
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3Cited by30 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Rose v. StateIndiana Supreme Court · 1909
- Wright-Bachman, Inc. v. HODNETTIndiana Supreme Court · 1956
- Board of Commissioners v. AlbrightIndiana Supreme Court · 1907
- State ex rel. Devening v. BartholomewIndiana Supreme Court · 1911
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