The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-17
MUST PAY DAMAGES
Western Union Responsible to
Getto-McClung Co. for
DELAY OF A MESSAGE
Court of Appeals Afirms the
Decision of Lower Court.

TIE court Of appeals has affirmed the
decision OF the district court OF this coun-
~. which gave the Getto-McClung Boot
and Shoe company OF this city s71l-7
/ dana ges against the Western Union TeIe-
graph company The suit is q very pecul-
lar one and was brought 10 recover dam
ages from the telegraph company for the
delay OF a message. The message IN
question was addressed 20 Sankey, Camp
bell and AInidon. and was sent by Shep-
herd, Grove and Shepherd from Muskogee,
L T., on February q, last. The senders
Of the message were attorneys who were
TO levy an attachment on the goods be-
longing 70 Darling Bros. 4 firm doing
business at Oklahoma City, and WHO
owed the -McCIung Boot and Shoe
company the sum OF 5000 on account.
One Of the lawyers from Auskogee in
company with one Of the members OF the
shoe company had visited their store sew
eraI days previous 70 the time when the
message was sent and, judging from the
tUmbled condition o. the stock, they had
come 70 the conclusion that Darling
Bros. were making preparations to ship
their stock Of goods 10 parts unknown
They decided 10 run an attachment on the
stock before It could be shipped and the
Muskogee attorneys were empowered TO
do so. few days later they had the
suit ready TO Gbe filed in the federal court
at 8luskogee and telegraphed the attorn-
eys here to have the bank wire some one
in Muskogee to put up the bond for cost,
which would amount to about S2+ The
claim was made that the message was
not delivered The attorneys here never
knew that it had been sent until three
days later. when they received a letter
from the MGskogee attorneys asking them
why they had never received an answer
TO their telegram. Mr.. Campbell and Mr..
Amidon then went 10 the telegraph Of
fee and found that the message had Just
been received and there seemed to be no
explanation as to how it had been SO de-
layed IN transmission
This delay gave the firm Of Darling
Bros. q chance to ship their stock which
they did on the 18th Of the month, con-
signing them to the Arkansas city In
vestment company Of Arkansas City
Il vas proved in the testimony that
If the case had been fled in the court
at Aiuskogae on the 21st. that the United
States marshal could have levied on the
goods BY the Gath of the month. ut
owing 70 the delay. the case was not filed
until It was too late. and as Darling
Bros. had no other property IL Oklahoma
which could be levied OF. the boot and
shoe company had no way os collecting
the debt account
Suit was then brought against the West
e-n Union al this point The petitioners
alleged that the company was respon-
sioIe for their loss and asked the court
10 grant them a judgment for the
amount OF the account and for the costs
Of fling the action in the federal court
at Muskogee. From the facts that were
brought up in the trial the jury decided
that the Getto-McClgng Boot and shoe
could have levied thelr attach
men If the message had not been delayed,
and that the Western Union vas alone re-
sponsibIe for the loss.