Legal Opinion
Hewlett v. Western Union Tel. Co.
United States Circuit Court
Decided July 1, 1886PublishedCited by 6 opinions
Action for Damages. This case, by stipulation, was tried before tbe court without a jury. The facts are stated in the opinion.
1Opinion of the CourtHammond, J.
The plaintiff, being transiently in the city of Memphis, sent from his hotel to the defendant company’s office, with sufficient money to pay for it, the following message, to be transmitted by telegraph:
“1 p. h., Gaston’s, Memphis, December 16, 1881.
“To R. O. Bean, Leighton, Ala.: Will leave to-night. Will you wait for me? T. G. Hewlett.”
The errand boy was told by the company’s clerk that it would not be received without an additional sum of money to pay for the answer, and, not having that, he returned to the hotel, and the message was never sent, the plaintiff not having been informed of…
2Cases cited1 opinion
- Western Union Telegraph Co. v. McGuireIndiana Supreme Court · 1885
3Cited by6 opinions
- Yancey v. Batesville Telephone Co.Supreme Court of Arkansas · 1907
- State ex rel. MacMahon v. Independent Telephone Co.Washington Supreme Court · 1910
- State ex rel. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1931
- Vaught v. East Tennessee Telephone Co.Tennessee Supreme Court · 1910
- Sei v. Water Supply Co.New Mexico Supreme Court · 1914
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