Strong v. Western Union Telegraph Co.
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Action to recover damages for an' alleged mistake made by the telegraph company in transmitting a message. Motion for nonsuit was granted and judgment of dismissal entered. An error made in a plainly written message, each word distinguishable by the naked eye, is gross negligence, unless some exculpatory evidence is adduced.
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APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. Alfred Budge, Judge. Action to recover damages for an' alleged mistake made by the telegraph company in transmitting a message. Motion for nonsuit was granted and judgment of dismissal entered. An error made in a plainly written message, each word distinguishable by the naked eye, is gross negligence, unless some exculpatory evidence is adduced. (2 Joyce on Electric Law, 2d ed., see. 736; Western Union Tel, Co. v. Goodbar (Miss.), 7 So. 214.) The only defense offered by respondent is that the printed…
1Opinion of the CourtSullivan, C. J.
This action was brought by the appellants, as plaintiffs, to recover damages in the sum of $581.17, alleged to have been sustained by reason of an error in the transmission of a telegraphic message delivered by appellants to respondents at the town of Soda Springs, Idaho, on or about March 6, 1907, to be transmitted’ to parties in Denver, Colo.
The principal issue made by the pleadings was whether the defendant was liable because of a mistake made in the transmission of said telegram. The action was tried by the court and a jury, and at the close of plaintiffs’ evidence, counsel for defendant…
2Cases cited30 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
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3Cited by26 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Stearns v. WilliamsIdaho Supreme Court · 1952
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Mole v. PayneIdaho Supreme Court · 1924
21 more not listed; retrieve them via the Exa API.