Thayer v. Western Union Telegraph Co.

This is an action of contract or tort to recover damages alleged to have been sustained by the plaintiffs as the result of an error by the defendant in the transmission of a telegram. The case was heard by a judge sitting without a jury who made specific findings of fact and found for the plaintiffs in the sum of $500. The case comes before us on the defendant’s exceptions.

The judge’s findings of fact and rulings were as follows: ‘‘ On June 14, 1927, the plaintiffs, who were copartners dealing in dairy products in Worcester, filed at the office of the defendant in Worcester, for transmission…