Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 98

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 98

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...of action. We agree with the appellants' counsel in asserting that the failure to deliver is a failure to transmit. A message not delivered in good faith and without partiality is not transmitted, and one whose message is not delivered is entitled to recover the penalty in the cases provided for by statute. Western Union Tel. Co. v. Gougar, 84 Ind. 176. The undertaking to transmit is a continuous one, and is violated if there is a failure to use diligence, good faith, and care to make a reasonably prompt delivery. Western Union Tel. Co. v. Pendleton, 95 Ind. 12 (48 Am. R. 692); Western Union Tel. Co. v. llferedith, 95 Ind. 93. But we are unable to perceive what benefit the appellants can secure from this principle, for here the message was transmitted, and fully transmitted, because there was a delivery. The only ground upon which a recovery can possibly be placed in cases where there is a delivery, is that the message was postponed through partiality, or in bad faith, or else through negligence. The statute does not make mere delay a ground for recovery, but the despatch must be wrongfully postponed, or, in the language of the statute, " neglected," or postponed in bad faith, or through partiality. Here, as we have seen, there was no bad faith, no partialit-y, no negligence, and, therefore, there was a transmission of the message within the meaning of the law. There was in reality no material conflict in the evidence upon the facts tending to establish the exercise of care and diligence by the appellee, and, on the facts thus proved, the law is with the appellee. Where there isconflict in the evidence, this court will take as true that which the trial court declares to be true. Cain v. Goda, 94 Ind. 555; Arnold v. Wilt, more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • English
  • Illustrations, black and white
  • 1236909313
  • 9781236909312