Fowler v. Western Union Telegraph Co.
Supreme Judicial Court of Maine
On report from superior court. An notion for damages for non-delivery of a night message. The facts are stated in the opinion. The first defence set up by the brief statement raises the old question of the power of a telegraph company to limit its liability by a printed contract contained in its printed blank which this court has long since considered and decided in the well known cases of True v. The International Tel. Oo. 60 Maine, 9, and Bartlett v. Western Union Tel.
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On report from superior court. An notion for damages for non-delivery of a night message. The facts are stated in the opinion. The first defence set up by the brief statement raises the old question of the power of a telegraph company to limit its liability by a printed contract contained in its printed blank which this court has long since considered and decided in the well known cases of True v. The International Tel. Oo. 60 Maine, 9, and Bartlett v. Western Union Tel. Oo. 62 Maine, 209. The rule as laid down in the leading' case of Hadley v. Baxendale and followed in this state (Miller v.…
1Opinion of the CourtFoster, J.
This case comes up on report. It appears that on the evening of August 20, 1883, the plaintiffs, whose business is that of pork packing, delivered to the defendants’ agent, at Portland, for transmission and delivery, the following night message:
"Portland, Aug. 20, 1883.
To H. F. Googins, Union Stock Yards, III.
Ship one car hogs to-morrow.
Thompson, Fowler & Co.”
*385The message never having been delivered by the defendants, this action is brought to recover damages alleged to have been sustained in consequence.
In defence of the action the defendant introduced evidence and established the following…
2Cases cited12 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Washington & New Orleans Telegraph Co. v. Hobson & SonSupreme Court of Virginia · 1859
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Union Telegraph Co. v. Van CleaveCourt of Appeals of Kentucky · 1900
- Bierhaus v. Western Union Telegraph Co.Indiana Court of Appeals · 1893
- Gillis v. Western Union Telegraph Co.Supreme Court of Vermont · 1889
- Hoaglin v. . Telegraph Co.Supreme Court of North Carolina · 1913
- Fleischner v. Pacific Postal Telegraph Cable Co.U.S. Circuit Court for the District of Oregon · 1893
1 more not listed; retrieve them via the Exa API.