Moore v. Western Union Telegraph Co.
Supreme Court of Georgia
Telegraph messages. Penalties. Before Judge Miller. Crawford superior court. October term, 1890. Moore sued the telegraph company for $100 damages for failure to deliver to him at Knoxville, Crawford county, Georgia, where he ivas temporarily, a message sent to him from Macón, Georgia. By another count he alleged that he had been damaged $125 by such failure to deliver, by being deprived of certain business. Upon the trial he introduced the telegraphic dispatch.
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Telegraph messages. Penalties. Before Judge Miller. Crawford superior court. October term, 1890. Moore sued the telegraph company for $100 damages for failure to deliver to him at Knoxville, Crawford county, Georgia, where he ivas temporarily, a message sent to him from Macón, Georgia. By another count he alleged that he had been damaged $125 by such failure to deliver, by being deprived of certain business. Upon the trial he introduced the telegraphic dispatch. It was admitted that it was delivered to defendant at its office iu Macon at eleven o’clock a. m. on June 3, 1889, and that,the…
1Opinion of the Court
Simmons, Justice.
The facts will be found in the official report. Under these facts the grant of a nonsuit was right. By the express terms of the statute (Acts 1887, p. 112), the penalty is imposed upon these companies for failure to deliver messages to persons to whom they are addressed, who at the time reside within one mile of the telegraph office or within the town or city in’ which the office is. The act is clearly intended to apply to only a part of the public, and it imposes this duty on the company, under this penalty, when it is dealing with that class which come within the strict…
2Cited by2 opinions
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- Western Union Telegraph Co. v. KlitzkeIndiana Court of Appeals · 1909