Western Union Telegraph Co. v. Cooper
Court of Appeals of Georgia
Appeal, from Gwinnett superior court — Judge Beagan presiding. December 13, 1906.
1Opinion of the CourtRussell, J.
1. This case is controlled by the decision ol the Supreme Court in Brooke v. Western Union Telegraph Company, 119 Ga. 695, 46 S. E. 826, and cases therein cited, in which it is held that in the transmission of a telegraphic message the telegraph company is the agent of the sender, to whom, and not to the company, the recipient must loo'.c for damages arising out of error in the transmission of the message.
2. The contract for sending a telegraphic message is made with the sender, and not with the addressee or sendee; and hence any action brought by i the sendee for delay in delivery must be an…
2Cases cited5 opinions
- Smith v. FerrarioSupreme Court of Georgia · 1898
- Anderson v. BlairSupreme Court of Georgia · 1904
- Wilson v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Berger v. Saul & Co.Supreme Court of Georgia · 1900
- Brooke v. Western Union Telegraph Co.Supreme Court of Georgia · 1904
3Cited by7 opinions
- Stewart, Morehead & Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1908
- Williams v. FarrCourt of Appeals of Georgia · 1958
- Thompson v. Continental Gin CompanyCourt of Appeals of Georgia · 1946
- Simons v. BargainerCourt of Appeals of Georgia · 1921
- Smith & Simpson Lumber Co. v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1908
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