Wilson v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for damages. Before Judge Reynolds. City court of Wayeross. September 19, 1904. A suit for damages was brought by J. H. Wilson against the Western Union Telegraph Company, the plaintiff basing his right to recover upon the following allegations of fact: During the year 1904, he resided at No. 51 Jane Street, in the City of Wayeross, about three hundred yards from the office of the defendant company in that city, and was employed in the shops of the Atlantic and…
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Action for damages. Before Judge Reynolds. City court of Wayeross. September 19, 1904. A suit for damages was brought by J. H. Wilson against the Western Union Telegraph Company, the plaintiff basing his right to recover upon the following allegations of fact: During the year 1904, he resided at No. 51 Jane Street, in the City of Wayeross, about three hundred yards from the office of the defendant company in that city, and was employed in the shops of the Atlantic and Birmingham Railway Company at that place. The defendant is a corporation engaged in the business of receiving and transmitting…
1Opinion of the CourtEvaNS, J.
(After stating the facts.) In support of the judgment sustaining the demurrer, it was urged that in no case can an addressee recover of a telegraph company damages resulting from a negligent delivery of the message. The ease of Brooke v. W. U. Tel. Co., 119 Ga. 694, is cited to sustain this contention. This case was not decided by a full bench, and therefore is not conclusive of the question. The present action is not based on contract, but is founded on a breach of duty owing by the telegraph, company to the addressee. The writer thinks that both on principle and authority an addressee of a…
2Cases cited5 opinions
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
- Western Union Telegraph Co. v. WatsonSupreme Court of Georgia · 1894
- Brooke v. Western Union Telegraph Co.Supreme Court of Georgia · 1904
- Western Union Telegraph Co. v. HinesSupreme Court of Georgia · 1895
3Cited by14 opinions
- Tanning Co. v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Larsen v. Postal Telegraph Cable Co.Supreme Court of Iowa · 1911
- Stewart, Morehead & Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1908
- Bashinsky v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
- Western Union Telegraph Co. v. CooperCourt of Appeals of Georgia · 1907
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