Western Union Telegraph Co. v. Lacer
Court of Appeals of Kentucky
CASE 95. — ACTION BY JACOB LACER, AGAINST THE WESTERN UNION TELEGRAPH CO., FOR DAMAGES FOR FAILURE TO DELIVER A TELEGRAM. — May 10. Appeal from Jefferson Circuit• Court. (Common Pleas Branch, First Division.) Emmet Field, Judge. Judgment for plaintiff. Defendant appeals.
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CASE 95. — ACTION BY JACOB LACER, AGAINST THE WESTERN UNION TELEGRAPH CO., FOR DAMAGES FOR FAILURE TO DELIVER A TELEGRAM. — May 10. Appeal from Jefferson Circuit• Court. (Common Pleas Branch, First Division.) Emmet Field, Judge. Judgment for plaintiff. Defendant appeals. (No brief in record.) If a contract is made in one state and is to be performed in another, it will be presumed that it wias entered into with reference to the laws of the latter, and these laws will be resorted to in ascertaining the validity obligation and effect of the contract. (Howard v. W. U: Tel. Co., 27 Ky. Law Rep.,…
1Opinion of the Court
OPINION op the Court by
Judge O’Rear—
Affirming.
\ A telegram ' wias sent from Booneville, Ind., to appellee, then at Louisville, Ky., on August 10, 1904, as follows: “Jake Lacer, Enterprise Hotel, Louisville, Ky. Napoleon failing, can’t live, do'Qtor says. L. Lacer.” The Napoleon referred to was appellee’s brother. He was then very ill at Booneville, Ind., and died on August 21, 1904. If the telegram had been delivered promptly, appellee, who was at the Enterprise Hotel in Louisville, could have reached his. brother’s bedside before his death. But the telegram was not delivered till August 25,…
2Cases cited5 opinions
- Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
- Western Union Telegraph Co. v. Van CleaveCourt of Appeals of Kentucky · 1900
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Howard v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
- Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
3Cited by4 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Bailey v. Western Union Telegraph Co.Supreme Court of Kansas · 1916
- Combs v. International InsuranceDistrict Court, E.D. Kentucky · 2001
- Lee v. Western Union Teleg. Co.Court of Appeals of Kentucky · 1908