Western Union Telegraph Co. v. Howell
Supreme Court of Kansas
Error from Atchison District Court. Action brought by Howell against The Western Union Telegraph Company, to recover $200 damages for negligently and carelessly making a mistake in the transmission of a telegram sent by plaintiff from Omaha, Nebraska, to Downs, Kansas. Trial by the court, at the June term, 1886. The court made the following special findings of fact and conclusions of law: “conclusions op pact.
Read the full summary
Error from Atchison District Court. Action brought by Howell against The Western Union Telegraph Company, to recover $200 damages for negligently and carelessly making a mistake in the transmission of a telegram sent by plaintiff from Omaha, Nebraska, to Downs, Kansas. Trial by the court, at the June term, 1886. The court made the following special findings of fact and conclusions of law: “conclusions op pact. “1. On, and before, and after April 8, 1886, the plaintiff was the owner of a team of horses of about the value of $800, which team was then at his place of residence at Downs, Osborne…
1Opinion of the Court
Opinion by
Simpson, C.:
The main features of this case are similar to those of Telegraph Co. v. Crall, j ust decided. All that is said in that case denying the power of the telegraph company to limit its liability by contract, so as to relieve itself against acts of gross negligence committed by its agents and employés, applies with equal force to the facts appearing in the record of this case. The point most vigorously contested however in this case, not arising in the other, grows out of the finding of the court that “The only evidence of negligence is such as arises from the foregoing facts,…
2Cases cited1 opinion
- Becker v. Western Union Telegraph Co.Nebraska Supreme Court · 1881
3Cited by3 opinions
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- West v. Western Union Telegraph Co.Supreme Court of Kansas · 1888
- Birkett v. Western Union Telegraph Co.Michigan Supreme Court · 1894