Smith v. Western Union Telegraph Co.
Court of Appeals of Kentucky
Case 18 — PETITION ORDINARY APPEAL PROM HENRY CIRCUIT COURT. 1. A telegraph company can not restrict its liability for loss resulting from its. negligence in failing to deliver messages. (Camp v. Western Union Telegraph Co., 1 Met., 164; U. S. Telegraph Co. v„ Wenger, 55 Pa.
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Case 18 — PETITION ORDINARY APPEAL PROM HENRY CIRCUIT COURT. 1. A telegraph company can not restrict its liability for loss resulting from its. negligence in failing to deliver messages. (Camp v. Western Union Telegraph Co., 1 Met., 164; U. S. Telegraph Co. v„ Wenger, 55 Pa. St., 262; U. S. Telegraph Oo. v. Gildersleeve, 29' Md., 232; Ritterhouse v. M. L. of Lee, 4á N. Y., 263; Thompson on Negligence, volume 2, page 857; Sherman & Redfield on Negligence (3d ed.), section 571; Griswold v. Dunham, 12 Reporter, page 25; General Statutes, chapter 29, article 14, section 10.) 2. In cases of injury…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the oouet.
About November 14, 1879, the appellant, Z. F. Smitli, employed Manuel & Co., who were stockbrokers in the city of New York, to purchase stocks for him for speculation. To secure them in what•ever sum they might thus expend, he deposited with them, in cash and bonds, about $17,000. They had a general discretionary power from him to purchase, save they were not to buy more than seventeen hundred shares, and were not to sell it except ■upon his order, or in the event the stock they might purchase so declined in value that it, with the money deposited…
2Cases cited11 opinions
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- McPeek v. Western Union Telegraph Co.Supreme Court of Iowa · 1899
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
28 more not listed; retrieve them via the Exa API.