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STANLEY v. WESTERN UNION TELEGRAPH CO.

No. 2490 M. Civ.

23 F.Supp. 674 (1938)

STANLEY v. WESTERN UNION TELEGRAPH CO.

District Court, S. D. Florida, Miami Division.

May 28, 1938.

Attorney(s) appearing for the Case

Boone & Boone, of Miami, Fla., for plaintiff.

J. Julian Southerland, of Miami Beach, Fla., for defendant.

BARRETT, District Judge.

A demurrer to plaintiff's declaration is for determination. Plaintiff's declaration makes the following case: Failure on the part of the defendant to deliver a prepaid telegram filed in Georgia and addressed to plaintiff in Florida, reading as follows: "Abbott died this morning. Notify others. Wire Westen Union if coming". Abbott was the brother of plaintiff.

No other negligent act or failure was alleged than the nondelivery of the...

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