Western Union Telegraph Co. v. Ford
Court of Appeals of Georgia
Action for damages; from city court of Moultrie — Judge McKenzie. lYhen this case was previously before this court the judgment of the lower court, dismissing the petition on general demurrer, was reversed, it being the opinion of this court that the allegations of the petition set forth a cause of action.
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Action for damages; from city court of Moultrie — Judge McKenzie. lYhen this case was previously before this court the judgment of the lower court, dismissing the petition on general demurrer, was reversed, it being the opinion of this court that the allegations of the petition set forth a cause of action. Following this decision a trial was had, and a verdict was rendered for the plaintiff, for $5,000; the defendant’s motion for a new trial was overruled, and the ease is here for review. The allegations of the petition are fully set out in the opinion of the court on the demurrer. Western…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. The first question which arises for decision is whether, under the evidence, the telegraph company was guilty of culpable negligence in delaying the transmission and delivery of the message to the physician at Moultrie. The determination of this issue depends almost entirely upon the relationship which Harrell, the agent of the South Georgia Railroad Company at Quitman, occupied towards the parties. Was he the agent of the defendant telegraph company in receiving the message from Dr. Odum, or was he the agent of the sender of the message, or was he in a…
2Cases cited3 opinions
- Glawson v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1911
- Western Union Telegraph Co. v. FordCourt of Appeals of Georgia · 1911
- Postal Telegraph-Cable Co. v. Moss & Co.Court of Appeals of Georgia · 1909
3Cited by14 opinions
- Bowers v. Fulton CountyCourt of Appeals of Georgia · 1970
- Wilson v. HarrellCourt of Appeals of Georgia · 1953
- Criswell Baking Co. v. MilliganCourt of Appeals of Georgia · 1948
- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
- Wakefield v. LeeCourt of Appeals of Georgia · 1916
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