Gillis v. Western Union Telegraph Co.
Supreme Court of Vermont
. This was an action on the case for the negligence of thedeferidant in the transmission of a telegraphic message. Plea,', the 'general-issue, and trial by court at the' September Term,. 1888, Yeazey, J., presiding. The court found that the mistake was caused by want of due care on the part of .the defendant’s-operators. The facts sufficiently appear in the opinion. - Judgment for the plaintiff. Exceptions by the defendant.
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. This was an action on the case for the negligence of thedeferidant in the transmission of a telegraphic message. Plea,', the 'general-issue, and trial by court at the' September Term,. 1888, Yeazey, J., presiding. The court found that the mistake was caused by want of due care on the part of .the defendant’s-operators. The facts sufficiently appear in the opinion. - Judgment for the plaintiff. Exceptions by the defendant. The plaintiff was bound by the written, contract, although he did not read and had no knowledge of its provisions. 'Grace v... Adams et al., 100 Mass. 505; Iiedpath. v.…
1Opinion of the Court
*463The opinion of the court was delivered by
Rowell, J.
The plaintiff, a peddler, telegraphed from Rochester, N. H., to the American Express Company’s agent at Brattleboro, Vt., to “send my bale here.” Through the want •of due care in transmission, the letter “ H ” got changed to Y, «0 that when received at Brattleboro the message purported to -come frofn Rochester, N Y., and the bale' was sent there, to the •damage of the plaintiff. The message was unrepeated, and written on one' of the company’s blanks containing the usual condition as to unrepeated messages, namely, that the company ¡should not…
2Cases cited18 opinions
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Hazel B. McTighe v. New England Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1954
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
8 more not listed; retrieve them via the Exa API.