Western Union Telegraph Co. v. Hopkins

Hopkins, the appellee, brought his • action-against .the telegraph company, to recover damages alleged to have been sustained by him, by reason of the negligence of the appellant in failing to transmit and deliver a message entrusted to it by him for that purpose, at its office in Chicago, in the State of Illinois. The message was to have been transmitted from Chicago to Michigan City, in this State, and was as follows :

“ To II. M. Hopkins: Tell Kellogg I take the brick. Home to-morrow. (Signed) J. T. Hopkins.”

The complaint was in two paragraphs, to each of which a demurrer was overruled,…