James v. Western Union Tel. Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

I concur in the conclusion that there should be a new trial as to the defendant J. T. Gray upon the ground of error in charging that the verdict must be against both defendants.

The defendant Gray testified that the message was typewritten by him at the request of the “Statesman,” and as an accommodation to him; that he (Gray) handed the transcribed message back to the sender, and that the sender then filed the message with another employee of the telegraph company, the receiving clerk, for transmission, who accepted it and put it in…