Western Union Telegraph Co. v. Hines

Simmons, Chief Justice.

1. When this case was here before, it appeared that "the plaintiff had lost the copy of the dispatch which was delivered to him by the telegraph company, and -the trial judge allowed him to prove the contents of it without producing or accounting for the original. (94 Ga. 430.) On the second trial it appeared that the plain-fiff had given the telegraph company notice to produce the original which had been filed by the sender in the office of the. company in Birmingham. There was no dispute between the parties as to the words of the message, but the dispute was as to…