Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-10-23
OPINION RY-BONNIFIELD, +,

This action was brought to recover
damages alleged to have been sustained
by the plaintiff by reason Of the defend
ants delay i'll delivering Z, telegraph mes
sage to the party to whom il was ad-
dressed at Lovelock. Nevada.
1t is alleged in the complaint that the
said telegram was delivered to the delend-
ant on the l9,h day of February, lNo5 at
about the hour OF one O'Clock in the
morning at Grand junction in the State
Of ColOradO 10 be transmitted by the de-
fendant over i,S telegraph line 10 Love-
lock, State OF Nevada. and there 10 he de
ivcred to I. }. y uneS; that the plaintiff
paid to the defondtnt the sum Of sixty
cents, the same being the price demanded
by the defendant and the usual and Gus
tOmary charge of defendant f0c its ser
vices in transmitting and delivering such
message; that in consideration Of said
sum of money the defendant did thea
and there promise and agree, and it be
came and was the duly of the defendant
to send and transmit said telegram
through and over its said telegraph line
from Grand junction in the State of Col
OralO to LoTelOck in the State of Nevada,
with reasonable diligence and attention
and without delay or neglect, and to de-
liver the same without delay or neglect
and with reasonable dispatch to said r.
-. 4,aEneS at Lovelock, Nevada: that said
telegram was duly and promptly sent by
defendant 10 its office at Lovelock and
was received by defendant at its said OF
flee on the 10Th day of February, 1898;
that the said I. J. Barnes, on the said 18th
day of February, and for more than
twelve months prior thereto, resided in
said town Of LOvelock, which was we'll
known in said town: that said Barnes
was at his residence on the 10Th dav of
February and every day thereafter up TO
and including the 23rd day of February;
that said defendant negligently, wilfully
and reck Iessly failed to deliver said tele-
gram to the said T. J. Barnes and said
Barnes never received said telegram un-
til the 22nd day of February, 1898, at the
hour of two o'clock i'll the afternoon Of
said day or thereaDOuts: that said tele-
gram was as follows: Grand Junction.
Colo. PIG TO T. J. Barnes, Lovelock
Nevada. Teleglap Inc ticket to Ogden.
William Barnes; that had said telegram
been promptly delivered by said defen-
dant at Lovelock, plaintiff would at once
have received from said T. J. Barnes "A
ticket sufficient for his immediate passape
from Ogden, Utah, to Lovelock, Nevada:
that by reason of defendants negligence
as aforesaid, plaintiff was compelled to
walk out of The city of Ogden on the Dist
day of February and did Immediately
thereafter walk and tramp from said citv
of Ogden to the town of Battle Mountain
Nevada, a distance of more than three
hundred and twenty miles, all to plaint-
iff'S great worry and distress of mind:
that ~ said town of Battle Mountain, on
or about the BIRD day of February, 1895.
the plaintiff was without negligence on
his part ran over by car on The track of
the Central Pacific Railroad Company
and his riglt leg c"uS'lo :, and thereafter
said leg was alnptuH ed ..boVe the knee,
all by reason IF 'rlI.. !ji,,'s negligence as
aforesaid, and to the plaintiffs damage in
the sum of two thousand dollars.
The defendant answered by denying the
allegations Of the complaint and alleging
thatthe dispatch in controversy was filed
and Received at !:45 o'clock 4. NJ. at
Grand Junction. Colorado, on the Goth day