Hill v. Western Union Telegraph Co.
Supreme Court of Georgia
Notice. Telegraph companies. Damages. Demand. Waiver. Principal and agent. Before Judge Meyeriiardt. City court of Floyd county. December term, 1889. On November 2.Í, 1888, E. G. Hill obtained a judgment and decree against I. P. Harris and J. B. Little, and on December 10th execution for $412.44 was issued, and on December 21st it wasleviedon certain property by the sheriff.
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Notice. Telegraph companies. Damages. Demand. Waiver. Principal and agent. Before Judge Meyeriiardt. City court of Floyd county. December term, 1889. On November 2.Í, 1888, E. G. Hill obtained a judgment and decree against I. P. Harris and J. B. Little, and on December 10th execution for $412.44 was issued, and on December 21st it wasleviedon certain property by the sheriff. On November 4th, 1889, Hal Wright, acting as agent and attorney for E. G. Hill, sent from Nome to Cedartown a message through the telegraph company to the sheriff who had levied the above mentioned execution, requesting…
1Opinion of the Court
Bleckley, Chief Justice.
It was certainly a gross error to substitute $6.25 in the dispatch delivered, by. the company for $250.00 in the dispatch as sent. Such an error unexplained is ample evidence not only of negligence, but of gross-negligence. The motion for a nonsuit which the court granted was based on the single ground that no demand or claim for damages had been made in writing within 60 days, as required by the rules and regulations of the • company printed on the blank upon which the message was sent.
1. The rule referred to was in these terms: “ The company will not be liable for…
2Cases cited13 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- Howard v. County of BibbSupreme Court of Georgia · 1907
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
- Carter & Co. v. Southern Railway Co.Court of Appeals of Georgia · 1907
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