Western Union Telegraph Co. v. Longwill
New Mexico Supreme Court
Error, from a judgment in favor of plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The English courts have uniformly held that the receiver of a message has no right of action against a telegraph company. 8 Am. and Eng. Corp. Case, 65, note; 8 Suth. on Damages, 314; 14 Fed. Rep. 723. In this country the opposite doctrine is held, so far as decisions have been made.
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Error, from a judgment in favor of plaintiff, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The English courts have uniformly held that the receiver of a message has no right of action against a telegraph company. 8 Am. and Eng. Corp. Case, 65, note; 8 Suth. on Damages, 314; 14 Fed. Rep. 723. In this country the opposite doctrine is held, so far as decisions have been made. But it can scarcely be said that the question is conclusively settled as to which doctrine will finally be adopted. It is clear there can be no privity of contract…
1Opinion of the CourtHenderson, J.
This is an action of trespass on the case, brought by the defendant in error against the . Western Union Telegraph Company, to recover damages on account of alleged negligence in not delivering a telegram sent to him from Springer, New Mexico, on the evening of the fourteenth of January, 1884. Plaintiff resided at Santa Fe, where the message was addressed, and was a physician and surgeon. The purpose of the telegram was to summon him from Santa Pe to Springer to attend a person suffering from a gunshot wound. The message was not delivered until after 9 o’clock in the forenoon of the…
2Cases cited17 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Griffin v. . ColverNew York Court of Appeals · 1858
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
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3Cited by2 opinions
- Wilson v. SewellNew Mexico Supreme Court · 1946
- Berry v. Lamar Life Ins. Co.Mississippi Supreme Court · 1932