Sutton v. Western Union Tel'g Co.
Court of Appeals of Kentucky
CASE 17. — ACTION BY W. D. SUTTON AGAINST THE WESTERN UNION TELEGRAPH COMPANY FOR DELAY IN DELIVERING A DEATPI TELEGRAM. — May 27. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge.
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CASE 17. — ACTION BY W. D. SUTTON AGAINST THE WESTERN UNION TELEGRAPH COMPANY FOR DELAY IN DELIVERING A DEATPI TELEGRAM. — May 27. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. From a judgment on a directed verdict for defendant. plaintiff appeals. — POINTS CONTENDED FOR BY APPELLANT. 1. A death message upon its fact, furnishes information of its serious import, and was notice to the company that its prompt delivery was important, and requires more than ordinary diligence. 2. If the addressee is absent, it is the duty of the telegraph company to deliver it to his wife, or to…
1Opinion of the Court
Opinion op the Court bt
Judge Nunn —
Reversing.
Appellant resided in Pikeville, Ky., and his parents in East Radford, Ya. Appellant’s mother died in her home on December 27,1906, and on that day his, father directed to him the following telegram: East Rad-ford, Ya. December 27-06. To W. D. Sutton, Pike-ville, Ky. Mother dead, come at once. (Signed) G-. W. Sutton.” It appears from the evidence that this telegram reached Pikeville Friday morning, December 28th. It was not delivered to appellant until Saturday morning after 10 o ’clock; and he hoarded the first train leaving for East Radford, which…
2Cases cited4 opinions
- Louisville & Nashville R. R. v. BrownleeCourt of Appeals of Kentucky · 1879
- Western Union Telegraph Co. v. CaldwellCourt of Appeals of Kentucky · 1907
- Cassilay v. C. P. Young & Co.Court of Appeals of Kentucky · 1843
- Western Union Telegraph Co. v. BriscoeIndiana Court of Appeals · 1897
3Cited by3 opinions
- Cumberland Pipe Line Co. v. StambaughCourt of Appeals of Kentucky · 1910
- Western Union Telegraph Co. v. SuttonCourt of Appeals of Kentucky · 1910
- Conway v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909