Western Union Telegraph Co. v. Crider
Court of Appeals of Kentucky
Case 97 — ACTION FOR. DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL FROM I-IARDIN CIRCUIT COURT. 1. The verdict is not sustained by the evidence. 2. The verdict of the jury is excessive. 3. The jury disregarded the second instruction in which they were told that the defendant had a rule no.t to deliver messages from its office at Elizabethtown between 7 p. m and 7 a. m., and that it had the right to make such rule if reasonable. 4. The court erred in leaving to the jury…
Read the full summary
Case 97 — ACTION FOR. DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL FROM I-IARDIN CIRCUIT COURT. 1. The verdict is not sustained by the evidence. 2. The verdict of the jury is excessive. 3. The jury disregarded the second instruction in which they were told that the defendant had a rule no.t to deliver messages from its office at Elizabethtown between 7 p. m and 7 a. m., and that it had the right to make such rule if reasonable. 4. The court erred in leaving to the jury the question whether the rule was reasonable. Citations: Gray on Communication by Telegraph, sec. 13; W. U. Tel. Co., v.…
1Opinion of the CourtChief Justice Hazelrigg
The appellee was an invalid, living at Elizabethtown, to whom her physician, living at Vine G-rove, had sent by mail, on March 16, 1895, a prescription of quinine and morphine, to be taken in capsules every two hours on the following morning. At 11:25 o’clock on the night of the same day the physician sent to her the following telegram: “Rec’d 11:25 p. m., March 16, 1895. Dated March 16, 1895. Via Louisville, Ky. Mrs. Carrie Crider, care McCan’s House, Elizabethtown, Ky.: Do not take capsules in morning. [Signed] S. N. Willis.”
The message reached the terminal office at Elizabethtown *602in a few…
2Cases cited1 opinion
- Western Union Telegraph Co. v. HardingIndiana Supreme Court · 1885
3Cited by9 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Lovell's Admr.Court of Appeals of Kentucky · 1910
- Henderson v. FordTennessee Supreme Court · 1972
- Bonner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Cates v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
4 more not listed; retrieve them via the Exa API.