Western Union Telegraph Co. v. Neill
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit brought in the district court of Travis county by appellee, Andrew Neill, against appellant, the Western Union Telegraph Company, for §5,000 damages, alleged to have been caused by the negligence of defendant in the transmission of a telegraphic dispatch.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. Suit brought in the district court of Travis county by appellee, Andrew Neill, against appellant, the Western Union Telegraph Company, for §5,000 damages, alleged to have been caused by the negligence of defendant in the transmission of a telegraphic dispatch. The petition alleged that on the 8th day of May, 1878, plaintiff owned a large amount of real estate in and near Seguin, Texas; that -he had there an agent, A. J. Fry, authorized to receive and transmit to plaintiff offers from purchasers for such real estate, or any part…
1Opinion of the Court
Bonner, Associate Justice.
The controversy in this case arises from an error in the transmission of a message over the line of the *286appellant, the Western Union Telegraph Company, sent to the appellee, Andrew Neill, by his agent, A. J. Fry
The message was one known as a half-rate, or night message, being sent at half the rate charged for a day message.
The printed form accompanying it, and underneath which it was written, together with the message itself, the latter being in italics, is as follows:
“THE WESTERN" UNION TELEGRAPH COMPANY. ‘
HALF-RATE MESSAGE.
The business of telegraphing is liable to…
2Cases cited17 opinions
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
- W. U. Tel. Co. v. EdsallTexas Supreme Court · 1885
- Western Union Telegraph Co. v. BaileyTexas Supreme Court · 1917
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1888
- Western Union Telegraph Co. v. BrownTexas Supreme Court · 1882
27 more not listed; retrieve them via the Exa API.