Shaw v. Postal Telegraph & Cable Co.
Mississippi Supreme Court
From: the circuit court of Marshall county. HoN. Z. M. Stepi-ieNs, Judge. Shaw, appellant, was plaintiff in court below; the Telegraph Company was defendant there. The facts are fully stated in the opinion of the court. The case was first decided at the March term, 1900, but a reargument was granted, and the judgment of reversal then entered vacated, and the cause was continued.
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From: the circuit court of Marshall county. HoN. Z. M. Stepi-ieNs, Judge. Shaw, appellant, was plaintiff in court below; the Telegraph Company was defendant there. The facts are fully stated in the opinion of the court. The case was first decided at the March term, 1900, but a reargument was granted, and the judgment of reversal then entered vacated, and the cause was continued. The opinion of the court, delivered by Woods, C. J., at the March term, 1900, the one recalled, to which reference is made in the dissenting opinion of Whitfield, C. J., was as follows: “It is much to be regretted…
1Opinion of the Court
CalhooN, J.,
delivered tbe opinion of tbe court.
Appellee bad a telegraph office in Boston, Mass. Appellant-contracted with it in that city to send a .cipher dispatch to Memphis, Tem£\in these words: “Haycock, to-day. Impetus, aggress, balcony ceremony, charter, charioteer, leaven, thirty, daisy.” On the back of this message was a printed stipulation that the company should not be liable for mistakes in transmission of obscure or cipher messages unless the sender insured it, as he might do, by paying a trifling sum in excess of the usual charge. This message, as delivered in Memphis, Tenn., was…
2Cases cited8 opinions
- Pullman Palace Car Co. v. LawrenceMississippi Supreme Court · 1897
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Chicago, St. Louis & New Orleans Railroad v. DoyleMississippi Supreme Court · 1883
- Illinois Central Railroad v. CrudupMississippi Supreme Court · 1885
- Lemonius & Co. v. D. Mayer & SonMississippi Supreme Court · 1893
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3Cited by5 opinions
- Benton v. Safe Deposit BankNew York Court of Appeals · 1931
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Welch v. Kroger Grocery Co.Mississippi Supreme Court · 1937
- Postal Telegraph & Cable Co. v. WellsMississippi Supreme Court · 1903
- Staple Cotton Co-Operative Ass'n v. ThorneMississippi Supreme Court · 1932