Western Union Telegraph Co. v. Harris & Comstock
Appellate Court of Illinois
Error to the Circuit Court of Peoria county; the Hon. 2sT. M. Laws, Judge, presiding.
1Opinion of the CourtBaker, J.
In Tyler, Ullman & Co. v. W. U. Tel. Co., 60 Ill. 421, and W. U. Tel. Co. v. Tyler et al., 74 Id. 168, it was held that regulations exempting telegraph companies from liability for errors in unrepeated messages, exempt them only from errors arising from causes beyond their own control; and that notwithstanding special conditions in a contract, such companies are bound to use at least ordinary care and diligence in their business and are responsible for mistakes happening by their own fault, such as defective instruments, carelessness or unskillfulness of their operators. In the Tyler case the…
2Cases cited7 opinions
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
- Saveland v. GreenWisconsin Supreme Court · 1876
- Durkee v. Vermont Central RailroadSupreme Court of Vermont · 1856
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3Cited by5 opinions
- Shawnee Milling Co. v. Postal Telegraph-Cable Co.Supreme Court of Kansas · 1917
- Bierhaus v. Western Union Telegraph Co.Indiana Court of Appeals · 1893
- North Packing & Provision Co. v. Western Union Telegraph Co.Appellate Court of Illinois · 1897
- Postal Telegraph-Cable Co. v. LathropAppellate Court of Illinois · 1889
- Friedman v. Western Union Telegraph Co.Appellate Court of Illinois · 1915