Sparks Milling Co. v. Western Union Telegraph Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Reid. September 17, 1911. The Sparks Milling Company brought suit against the Western Union Telegraph Company for damages growing out of the alleged negligent conduct of the defendant in the transmission and delivery of certain cablegrams. A general demurrer to the petition was sustained, and this judgment is here for review.
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Action for damages; from city court of Atlanta — Judge Reid. September 17, 1911. The Sparks Milling Company brought suit against the Western Union Telegraph Company for damages growing out of the alleged negligent conduct of the defendant in the transmission and delivery of certain cablegrams. A general demurrer to the petition was sustained, and this judgment is here for review. The allegations of the petition, are substantially as follows: The Sparks Milling Company is a corporation manufacturing and selling flour. Eoss T. Smyth & Co. represented it in Liverpool. On August 16, 1907, it had…
1Opinion of the CourtHill, C. J.
(After stating the case1.)
1. The judgment dismissing the petition on general demurrer must be affirmed. Conceding the negligence of the defendant company as alleged, the damage to the plaintiff, nevertheless, did not result from the negligence, hut was due to the voluntary act of the plaintiff in complying with the unauthorized demand of Smyth & Co., resulting from an inexcusable error of the latter in interpreting the third cablegram (which by its express terms applied only to the “Armadale” transaction, and which transaction had been entirely closed by the two previous cablegrams, — the…
2Cases cited7 opinions
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Wright v. SmithSupreme Court of Georgia · 1907
- Haber, Blum, Bloch Hat Co. v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1903
- Western Union Telegraph Co. v. BaileySupreme Court of Georgia · 1902
- Christophulos Café Co. v. PhillipsCourt of Appeals of Georgia · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hall v. BrowningSupreme Court of Georgia · 1943
- Twin City Lumber Co. v. DanielsCourt of Appeals of Georgia · 1918
- Truitt v. Rust & Shelburne Sales Co.Court of Appeals of Georgia · 1920
- Stewart v. Western Union Telegraph Co.Court of Appeals of Georgia · 1951
- Miazza v. Western Union Telegraph Co.Court of Appeals of Georgia · 1935
12 more not listed; retrieve them via the Exa API.