Markel v. Western Union Telegraph Co.
Missouri Court of Appeals
Eebob to Buchanan Circuit Court, Hon. Joseph P. Gbubb, Judge. In this case there was a demurrer to the petition, which was sustained, and the plaintiff elected to stand upon his petition, and has brought the case here by writ of error. I. The only question presented on the demurrer was — can the plaintiff, as the receiver of this message, maintain this suit ? We maintain he can. He was the party injured by defendant’s failure of duty.
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Eebob to Buchanan Circuit Court, Hon. Joseph P. Gbubb, Judge. In this case there was a demurrer to the petition, which was sustained, and the plaintiff elected to stand upon his petition, and has brought the case here by writ of error. I. The only question presented on the demurrer was — can the plaintiff, as the receiver of this message, maintain this suit ? We maintain he can. He was the party injured by defendant’s failure of duty. The following authorities are conclusive upon the question. Law of Telegraphy by Scott & Jarnagan, sects. 177, 178, 179; Gray’s Com’n by Telegraph, sects. 66,…
1Opinion of the CourtHall, J.
The petition in this case, omitting the formal parts, is as follows:
“Plaintiff, for cause of action, states that the defendant is a corporation organized and incorporated under the laws of Missouri, and engaged in the business of telegraphing. That on November 17, 1882, the following message was taken to the office of defendant, in St. Joseph, to-wit:
“ ‘St. Joseph, Mo., Nov. 17, 1882.
“ ‘ To S. M. Markel, Helena, Arkansas :
“ ‘ Send to' mouth St. Francis if not there. Will pay six and half, foot piling forty feet long; six, under; delivered Wilson’s Landing, Louisiana.
“ ‘ W. L. Marshall,
“ ‘…
2Cases cited1 opinion
- Rogers v. GosnellSupreme Court of Missouri · 1875
3Cited by10 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Chmieleski v. City Products Corp.Missouri Court of Appeals · 1983
- Marcheck v. KluteMissouri Court of Appeals · 1908
- Western Union Telegraph Co. v. BurrisCourt of Appeals for the Eighth Circuit · 1910
- Hughes v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
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