Penobscot Fish Co. v. Western Union Telegraph Co.
Supreme Court of Connecticut
Action to recover damages arising from an error in a telegraphic message alleged to have been caused by the negligence of the defendant in its transmission, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J.; facts found and Judgment rendered for the plaintiff for $125, and appeal by the defendant. The complaint alleges, and the trial court has found, that in August, 1912,. Messrs.
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Action to recover damages arising from an error in a telegraphic message alleged to have been caused by the negligence of the defendant in its transmission, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J.; facts found and Judgment rendered for the plaintiff for $125, and appeal by the defendant. The complaint alleges, and the trial court has found, that in August, 1912,. Messrs. Schoenberger and Sons of New Haven delivered to the defendant at its New Haven office a collect message addressed to the plaintiff at Rockland, Maine, ordering one barrel of lobsters;…
1Opinion of the CourtBeach, J.
The assignments of error present two questions of law: whether the action is barred by General Statutes, § 1119, as amended by chapter 149 of the Public Acts of 1903, p. 114, and whether plaintiff, being the receiver of the telegram and not the sender, is entitled to sue the defendant for injuries due to its negligence in failing to correctly transmit the order for one barrel of lobsters.
Chapter 149 of the Public Acts of 1903 provides that “no action to recover damages for injury to the person, or for an injury to personal property caused by negligence, shall be brought but within one year…
2Cases cited10 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Town of Essex v. New England Telegraph Company of MassachusettsSupreme Court of the United States · 1915
- Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
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3Cited by3 opinions
- Tuohey v. MartinjakSupreme Court of Connecticut · 1935
- Hickey v. SlatterySupreme Court of Connecticut · 1926
- Columbia Records, Inc. v. J. C. Bradley & Son, Inc.Connecticut Superior Court · 1950