Einbinder v. Western Union Telegraph Co.

Mr. Associate Justice Stukes

(dissenting) :

I regret that I do not agree with the disposition of this appeal proposed in the opinion of Mr., Justice Taylor and I respectfully suggest that he has overlooked the fact that the action involves the admitted failure on the part of a public corporation, a common carrier, to comply with its contract to correctly transmit, after payment of its established charge, a message from one member of the public to another, for which delict plaintiffs brought their suit in tort for damages.

The suggested distinction between this case and one for the breach of an…