Fisher v. Western Union Telegraph Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court, for Rock county: B. F. Dunwiddie, Circuit Judge. Action to recover damages alleged to have been sustained by breach of duty on the part of defendant in failing to deliver a telegram with reasonable diligence.
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Appeal from a judgment of tlie circuit court, for Rock county: B. F. Dunwiddie, Circuit Judge. Action to recover damages alleged to have been sustained by breach of duty on the part of defendant in failing to deliver a telegram with reasonable diligence. The complaint was to this effect: Plaintiffs, who were dealers in tobacco at Janesville, Rock county, Wisconsin, on May 24, 1901, delivered to defendant, a corporation engaged in tbe telegraph business and having a line for communication between Janesville, Wisconsin, and Westby, Wisconsin, for transmission to A. Johnson, a person Raving a…
1Opinion of the CourtMaeshall, J.
Upon what precise ground the trial court decided this case does not appear. Counsel for the respective parties may have agreed in the presentation of the cause there, as they did here, that the action was for breach of contract, and the decision have been rendered upon the authority of cases holding that the addressee of a telegram, the sender not being his agent nor making a contract for his benefit, must sue for breach of duty constituting actionable negligence or not at all. There is much authority to that effect. Western U. Tel. Co. v. Dubois, 128 Ill. 248, 21 N. E. 4; McPeek v. W. U.…
2Cases cited19 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Highway Trailer Co. v. Janesville Electric Co.Wisconsin Supreme Court · 1925
- Barker v. Western Union Telegraph Co.Wisconsin Supreme Court · 1908
- Western Union Telegraph Co. v. GreenTennessee Supreme Court · 1925
- LeBeau v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1916
- Boldig v. Urban Telephone Co.Wisconsin Supreme Court · 1937
3 more not listed; retrieve them via the Exa API.