Legal Opinion

Primrose v. Western Union Telegraph Co.

Supreme Court of the United States

Decided May 26, 1894No. 59PublishedCited by 178 opinions

ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was an action on the case, brought January 25, 1888, by Frank J. Primrose, a citizen of Pennsylvania, against the Western Union Telegraph Company, a corporation of New York, to recover damages for a negligent mistake of the defendant’s agents in transmitting a telegraphic message from the plaintiff at Philadelphia to his agent at Waukeney in the State of Kansas.

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ERROR TO THE CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. This was an action on the case, brought January 25, 1888, by Frank J. Primrose, a citizen of Pennsylvania, against the Western Union Telegraph Company, a corporation of New York, to recover damages for a negligent mistake of the defendant’s agents in transmitting a telegraphic message from the plaintiff at Philadelphia to his agent at Waukeney in the State of Kansas. The defendant pleaded: 1st, not guilty; 2d, that the message was an unrepeated message, and was also a cipher and obscure message, and…

1Opinion of the CourtJustice Gray

This was an action by the sender of a telegraphic message against the telegraph company to recover damages for a mistake in the transmission of the message, which was in cipher, intelligible only to the sender and to his own agent, to whom it was addressed. The plaintiff paid the usual rate for this message, and did not pay'for a repetition or insurance of it.

The blank form of message, which the plaintiff filled up and signed, and which was such as he had constantly used, had upon its face, immediately above the place for writing the message, the printed words, “ Send the following message…

2Cases cited25 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  3. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  4. Budd v. New YorkSupreme Court of the United States · 1892
  5. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891

20 more not listed; retrieve them via the Exa API.

3Cited by178 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
  3. Western Union Telegraph Co. v. Esteve Bros. & Co.Supreme Court of the United States · 1921
  4. Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
  5. Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896

173 more not listed; retrieve them via the Exa API.

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