Hart v. W. Union Tel. Co.
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
Further consideration has convinced us that some of the views expressed when this case was considered in department should be modified, and the rulings in some respects changed. The case is this:
On the 15th day of December, 1882, the plaintiff delivered to the defendant, at its Stockton office, this message:
“ George W. McNear, San Francisco:
“ Buy bail barley falún; report by mail.
George Hart.”
The message was promptly transmitted and delivered as written, except that the word “ bail ” was changed to the word “ bain.” By the private cipher code of McNear, used by the plaintiff in the message,…
2Cases cited8 opinions
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
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3Cited by12 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Redington v. Pac. Postal Tel. Cable Co.California Supreme Court · 1895
- Coit v. Western Union Telegraph Co.California Supreme Court · 1900
- Trammell v. Western Union Telegraph Co.California Court of Appeal · 1976
- Wheeler v. OppenheimerCalifornia Court of Appeal · 1956
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