Western Union Telegraph Co. v. Smith

Court of Appeals of Georgia

Western Union Telegraph Co. v. Smith

143 S.E. 147, 38 Ga. App. 26, 1928 Ga. App. LEXIS 9

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1928

Docket18618

StatusPublished

This text of 143 S.E. 147 (Western Union Telegraph Co. v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Western Union Telegraph Co. v. Smith, 143 S.E. 147, 38 Ga. App. 26, 1928 Ga. App. LEXIS 9 (Ga. Ct. App. 1928).

Pincite

Opinion

Broyles, C. J.

1. The court did not err in any of its rulings upon the demurrer to the petition as amended.

2. A third person who is neither the sender nor the addressee of a telegraph message may sue the telegraph company for its negligence in failing to deliver the message, where the message shows or the company is otherwise informed of his beneficial interest therein. 37 Cyc. 1716, and cases cited in note 17. Under this ruling and the facts of the instant case, the plaintiff was entitled to recover; and the verdict in his favor for $117.10 was authorized by the evidence.

(a) Under the principle of the ruling in Western Union Telegraph Co. v. Mansfield, 93 Ga. 349 (20 S. E. 650), the plaintiff was entitled to recover the statutory penalty of $25.

3. None of the grounds of the motion for a new trial show cause for a reversal of the judgment.

Judgment affirmed.

Luke, J., concurs. Bloodworth, J., absent on account of illness. Graham Wright, Francis B. Slarlc, for plaintiff in error.- John K. Davis, contra.

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