Collata v. Western Union Telegraph Co.
Mississippi Supreme Court
Appeal from the circuit court of Sunflower county. Hon. H. H. Elmore, Judge. Suit by D. Collatta against the Western Union Telegraph Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Sunflower county. Hon. H. H. Elmore, Judge. Suit by D. Collatta against the Western Union Telegraph Company. Prom a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. Special Plea Number 3 is as follows: For further plea is this behalf, defendant says actio von because is says: That it was one of the terms and stipulations printed on the telegraph blank on which the telegram involved in this suit and claimed to have been delivered to the company was ivritten, among other stipulation, the following: ‘No…
1Opinion of the CourtStevens, J.
Appellant, as plaintiff in the circuit court, sued to recover damages alleged to have heen sustained by reason of the failure of the Western Union Telegraph Company to transmit and deliver a telegram addressed to him at Indianola, Miss. Appellant was engaged in the business of handling fruits, including bananas, in carload lots. In May, 1918, plaintiff ordered from one S. Zemurray, of New Orleans, La., two cars of bananas, one car to be shipped to Yazoo City, the other to West Point. The shipper undertook to wire appellant by way of the Western Union Telegraph Company and claims to have…
2Cases cited2 opinions
- Stamey v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
- Ayres v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Western Union Telegraph Co. v. BournMississippi Supreme Court · 1920