Western Union Telegraph Co. v. Eubanks & Russell
Court of Appeals of Kentucky
Case 84 — PETITION ORDINARY APPEAL PROM SIMPSON CIRCUIT COURT. 1. The message was to all intents and purposes a cipher message and entirely obscure to all except the parties. The “eighty-five-dollar load” might have referred to anything else as well as to mules. Such messages should be repeated to insure accuracy, and, according to the contract, the company is not liable, unless they are. Primrose v. W. U. Tel.
Read the full summary
Case 84 — PETITION ORDINARY APPEAL PROM SIMPSON CIRCUIT COURT. 1. The message was to all intents and purposes a cipher message and entirely obscure to all except the parties. The “eighty-five-dollar load” might have referred to anything else as well as to mules. Such messages should be repeated to insure accuracy, and, according to the contract, the company is not liable, unless they are. Primrose v. W. U. Tel. Co., 154 U. S., 1. 2. A telegraph company may limit the measure of its liability to a, reasonable extent. (Express Company v. Caldwell, 21 Wall., 264; Kiley v. W. U. Tel. Co., 109 N.…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
It is substantially alleged in tbe petition in this action that appellees were' partners in the live stock business and that appellant ivas a common carrier of messages and telegrams. That on the 21st December, 1893, plaintiff’s agent, H. P. Russell, at Atlanta, Georgia, delivered to defendant to be transmitted to plaintiff at Franklin, Ky., the following télegram or message, viz:
Atlanta, Ga., Dec. 21, 1893.
J. W. Russell, Franklin, Ky.:
Ship to-day eighty-five dollar load, will make money-feeling good. H. P. RUSSELL. *595for which message defendant…
2Cases cited10 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- American Nat. Ins. Co. v. SmithCourt of Appeals of Texas · 1929
- Postal Telg. Cable Co. v. Louisville Cotton Oil Co.Court of Appeals of Kentucky · 1909
18 more not listed; retrieve them via the Exa API.