Legal Opinion

Fisher v. Western Union Telegraph Co.

Court of Appeals of Kentucky

Decided February 21, 1905PublishedCited by 4 opinions

Case 115 — Action by H. N. Fisher Against the Western Union Telegraph Co., for Damages for Mistake in Telegram. APPEAL FROM GREENUP CIRCUIT COURT-JAMES P. HARBESON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals.

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Case 115 — Action by H. N. Fisher Against the Western Union Telegraph Co., for Damages for Mistake in Telegram. APPEAL FROM GREENUP CIRCUIT COURT-JAMES P. HARBESON, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. Our contention is that an action will lie against a telegraph company for failure to use reasonable care and diligence to correctly transmit and deliver messages delivered to them for transmission, when such failure is the proximate cause of injury to the party complaining. CITATIONS. Thompson on Negligence, vol. 2, pages 932,-995, 998; A. & E. Ency., Plead., Pr., vol. 21,…

1Opinion of the Court

Opinion of the court by

JUDGE NUNN

Reversing.

This action was instituted, by the appellant in the Green-up circuit court. A general demurrer to the petition was sustained; he declined to plead further, and a judgment was rendered dismissing the petition, from which he appeals.

The petition disclosed the following facts: That appellant was engaged in the manufacture and sale of lumber in Webbville,- Lawrence county, Ky., and that on the 11th of January, 1901, he delivered to the agent of the appellee the following message:

“Webbville, Ky., January 11, 1901. N. Fisher, Vermillion, Ohio: Will furnish…

2Cases cited1 opinion

  1. Postal Tel. Cable Co. v. SchaeferCourt of Appeals of Kentucky · 1901

3Cited by4 opinions

  1. Mckee v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1914
  2. Western Union Telegraph Co. v. Victor G. Bloede Co.Court of Appeals of Maryland · 1916
  3. Friedman v. Western Union Telegraph Co.Appellate Court of Illinois · 1915
  4. Wesern Union Tel'g Co. v. FischerCourt of Appeals of Kentucky · 1909

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