Western Union Telegraph Co. v. Spratley
Mississippi Supreme Court
Erom the circuit court of Monroe county. Hon. Eugene O. Sykes/Judge. Mrs. Spratley, appellee, was plaintiff in the court below; the Telegraph Company, appellant, was defendant there. Erom a verdict and judgment for $200 in plaintiff’s favor defendant appealed to the supreme court. The plaintiff, a colored woman, resided at Aberdeen, Miss.
Read the full summary
Erom the circuit court of Monroe county. Hon. Eugene O. Sykes/Judge. Mrs. Spratley, appellee, was plaintiff in the court below; the Telegraph Company, appellant, was defendant there. Erom a verdict and judgment for $200 in plaintiff’s favor defendant appealed to the supreme court. The plaintiff, a colored woman, resided at Aberdeen, Miss. She was fairly well known in the community by’ the name of Betsey Spratley, but was known to very few people by the name of “Mrs. B. B. Spratley.” Her husband, who died at Pensacola, Ela., January 20, 1903, was named B. B. Spratley. On the night of that day…
1Opinion of the CourtTruly, J.
The peremptory instruction asked by the appellant should have been granted. Neither the language of the message nor the terms under which it was sent indicated any cause for special urgency in its delivery. Appellee’s residence was not known, and reasonable diligence was shown in the efforts of the manager of the appellant company in endeavoring to ascertain her whereabouts, so that the message might be delivered. The message was a “night message,” was not intended to be delivered until business hours the next morning, was sent out by a messenger immediately upon the opening of the office,…
2Cases cited1 opinion
- Western Union Telegraph Co. v. WatsonMississippi Supreme Court · 1903
3Cited by2 opinions
- Cumberland Telephone & Telegraph Co. v. AllenMississippi Supreme Court · 1906
- Western Union Telegraph Co. v. TeagueMississippi Supreme Court · 1918