Russell v. Western Union Telegraph Co.
Supreme Court of Kansas
Error from Wyandotte District Court. Hon. Henry L. Alden, Judge. James M. Russell brought suit against the Western Union Telegraph Company, to recover damages, because of its failure to promptly deliver to him the following message: “Carrier Mills, III., October 13, 1889. “To J. M. Russell, Edgerton Place in Passfield Addition, Kansas City, Mo. : Don’t think mother will live till morning. Come at once.
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Error from Wyandotte District Court. Hon. Henry L. Alden, Judge. James M. Russell brought suit against the Western Union Telegraph Company, to recover damages, because of its failure to promptly deliver to him the following message: “Carrier Mills, III., October 13, 1889. “To J. M. Russell, Edgerton Place in Passfield Addition, Kansas City, Mo. : Don’t think mother will live till morning. Come at once. W. D. Russell.’’ The petition alleges’ that the plaintiff was a resident of Kansas City, Kansas; that the message was delivered to the defendant Company at Carrier Mills, Illinois, on the day…
1Opinion of the CourtAllen, J.
The’contention on behalf of the plaintiff is, that he was not a party to the contract and is not bound by its terms; that the defendant is a corporation enjoying corporate privileges derived from the public, and charged with the performance of certain public services; that by reason of its relations to the public it was bound to correctly transmit, and promptly deliver the message to him. The claim of liability because of a failure to perform a public duty, independent of any contract, finds some support in the authorities. 25 Am. & Eng. Encyc. Law, 826 ; Thompson, Electricity, §427. It will…
2Cases cited7 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- West v. Western Union Telegraph Co.Supreme Court of Kansas · 1888
- Anthony v. HermanSupreme Court of Kansas · 1875
- Lester v. Western Union Telegraph Co.Texas Supreme Court · 1892
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Danisco Ingredients USA, Inc. v. Kansas City Power & Light Co.Supreme Court of Kansas · 1999
- Holman v. Southwestern Bell Telephone CompanyDistrict Court, D. Kansas · 1973
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
11 more not listed; retrieve them via the Exa API.