Legal Opinion

Western Union Telegraph Co. v. Biggerstaff

Indiana Supreme Court

Decided February 20, 1912No. 22,095PublishedCited by 11 opinions

From Huntington Circuit Court; Samuel E. Cook, Judge. Action by James T. Biggerstaff against the Western Union Telegraph Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)

1Opinion of the CourtCox, J.

This was an action to recover damages alleged! to have resulted from the failure of appellant to deliver two telegrams to appellee, the addressee. The complaint was in two paragraphs, alike except that one was based on the first message and the other on the second. There was an answer of general denial, a trial by jury, and a verdict for appellee for $100.

The assignments of error challenge the sufficiency of the complaint and the correctness of the action of the trial court in overruling appellant's motion for a new trial. One of the causes for a new trial is that the evidence is insufficient…

2Cases cited16 opinions

  1. Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
  3. Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
  4. Western Union Telegraph Co. v. FentonIndiana Supreme Court · 1875
  5. McPeek v. Western Union Telegraph Co.Supreme Court of Iowa · 1899

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Indiana & Michigan Electric Co. v. Terre Haute Industries, Inc.Indiana Court of Appeals · 1987
  2. Sigsbee v. SwathwoodIndiana Court of Appeals · 1981
  3. Old Town Development Company v. LangfordIndiana Court of Appeals · 1976
  4. Johnson v. Scandia Associates, Inc.Indiana Supreme Court · 1999
  5. Hibschman Pontiac, Inc. v. BatchelorIndiana Court of Appeals · 1976

6 more not listed; retrieve them via the Exa API.

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