Brashears v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Hon. Trios. . IT. Bacon, J udge. (1) The telephone is a medium for the rapid communication of intelligence, recognized and regulated by the laws of the state under the same statutory provisions as those prescribed for the regulation of the telegraph, and the agent of the defendant telegraph company, under the facts in this case, properly resorted to the telephone in order to forward the plaintiff’s message.
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Appeal from the Monroe Circuit Court. — Hon. Trios. . IT. Bacon, J udge. (1) The telephone is a medium for the rapid communication of intelligence, recognized and regulated by the laws of the state under the same statutory provisions as those prescribed for the regulation of the telegraph, and the agent of the defendant telegraph company, under the facts in this case, properly resorted to the telephone in order to forward the plaintiff’s message. R. S. 1889, ch. 42, art. 5 ; Chesapeake, etc., Co. v. Tel. Co., 7 Atl. Rep. 809; s. c., 66 Md. 399; State ex ret. v. Tel. Co., 36 Ohio St. 309. (2)…
1Opinion of the CourtBiggs, J.
— On Sunday, the twelfth day of May, 1889, the plaintiff delivered to the defendant’s agent at Monroe City the following telegraphic message, to be transmitted over the defendant’s line and delivered by it to the addressee in the city of Hannibal.
“5-12-89.
“S. J. Harrison, Hannibal, Mo.:—
“ Come up; my boy is dead ; funeral at three o’clock. J. P. Brasheaes.”
It is conceded that the dispatch was promptly and correctly transmitted over the wires, and was received at Hannibal at 9:38 a. m. Upon the receipt of the message the defendant’s agent in charge of its Hannibal office, instead of sending…
2Cited by10 opinions
- Bierhaus v. Western Union Telegraph Co.Indiana Court of Appeals · 1893
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Reynolds v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
- Barnes v. Western Union Tel. Co.U.S. Circuit Court for the District of Georgia · 1903
- Parker v. Western Union Telegraph Co.Missouri Court of Appeals · 1901
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