Western Union Telegraph Co. v. Scircle
Indiana Supreme Court
From the Clinton Circuit Court.
1Opinion of the CourtElliott, J.
George A. Scircle commenced two actions against the appellant to recover the statutory penalty affixed to a breach of duty.
On appellant’s motion the actions were consolidated, and in the consolidated action issue was joined. After the issue was joined the plaintiff died, and his widow, Martha J. Scirele, was substituted as plaintiff, and she recovered judgment for the statutory penalty.
One of the contested questions is the right of the appellee to maintain this action. The appellant insists that the cause of action died with the original plaintiff. We can not assent to this doctrine, for, in…
2Cases cited20 opinions
- Norris v. CrockerSupreme Court of the United States · 1852
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- State v. BerdettaIndiana Supreme Court · 1880
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
- Board of Commissioners v. CastetterIndiana Court of Appeals · 1893
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GrayIndiana Supreme Court · 1897
- Indiana Trust Co. v. GriffithIndiana Supreme Court · 1911
- Board of Commissioners v. BaileyIndiana Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.