Western Union Telegraph Co. v. Short
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. W. E. Atkinson, Special Judge. 1. It was error to hold that the stipulation in regard to repeating messages was contrary to public policy and void. The distinction between the liability of common carriers and other bailees is well stated in 13 Allen, 232. See also Gray on Com, by Tel., sec. 6; 48 N. Y., 132; 113 Mass., 301; Allen, Tel.
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APPEAL from Hempstead Circuit Court. W. E. Atkinson, Special Judge. 1. It was error to hold that the stipulation in regard to repeating messages was contrary to public policy and void. The distinction between the liability of common carriers and other bailees is well stated in 13 Allen, 232. See also Gray on Com, by Tel., sec. 6; 48 N. Y., 132; 113 Mass., 301; Allen, Tel. Cas., 5; 41 N. Y. (2 Hand), 576; 15 Mich., 525- The stipulation against liability for errors in unrepeated •messages is valid, and where the evidence shows a mere error' in transmission, with nothing to indicate fraud,…
1Opinion of the CourtBattle, J.
On the 24th day of July, 1886, the Western Union Telegraph Company was engaged in the business of operating a telegraphic line between Bonham, Texas, and Hope, Arkansas. Prior to that day C. T. Short was recognized to appear as a witness in a case pending in court at Bonham, and known as Seaton’s case. Desiring to be present when called as a witness, he wrote to Lusk & Thurman, attorneys at Bonham, to notify him of the day upon which the case was set for trial. Not hearing from them by mail, he requested them to notify him by telegram. On the 24th of July, 1886, Lusk & Thurman delivered at…
2Cases cited14 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
21 more not listed; retrieve them via the Exa API.