Western Union Telegraph Co. v. Lindley
Supreme Court of Georgia
Evidence. Telegraph company. Penalty. Damages. Before Judge Bichard H. Clark. Cobb superior court. November term, 1891. Lindley sued the Western Union Telegraph Company for the statutory penalty and special damages, for failure to properly transmit and deliver a telegraphic message. The message as set out in the declaration was : “Powder Springs, April 23, 1890. Mr. Thomas Grisard, Atlanta, Ga. How is cattle ? Answer at once. Care W. H. Talley.”
Read the full summary
Evidence. Telegraph company. Penalty. Damages. Before Judge Bichard H. Clark. Cobb superior court. November term, 1891. Lindley sued the Western Union Telegraph Company for the statutory penalty and special damages, for failure to properly transmit and deliver a telegraphic message. The message as set out in the declaration was : “Powder Springs, April 23, 1890. Mr. Thomas Grisard, Atlanta, Ga. How is cattle ? Answer at once. Care W. H. Talley.” This was signed by the plaintiff. When the case came on for trial, the defendant was in default and not represented by counsel. The plaintiff…
1Opinion of the Court
*484 Judgment affirmed.
The jury found, for plaintiff .$100 penalty, and $80 damages. The defendant brought its bill of exceptions, alleging that the court should have required plaintiff either to p ut in evidence the original telegram, or to have properly accounted for its non-production, before allowing proof of it by secondary evidence. It also assigned error upon the following instructions of the court to the jury, alleging that they were unwarranted by the evidence, and that the evidence did not entitle the plaintiff to recover : “ If you believe the evidence sustains plaintiff’s cause of…
2Cited by2 opinions
- Horton v. WilkersonSupreme Court of Georgia · 1941
- Cheshire v. Western Union Telegraph Co.Court of Appeals of Georgia · 1915