Redpath v. Western Union Telegraph Co.
Massachusetts Supreme Judicial Court
Action to recover damages from a telegraph company for a failure to send a message correctly. In the Superior Court, the action was submitted upon an agreed statement of facts. The parties also agreed that if the action could not be maintained for a sum greater than the sum paid for the sending of the message, judgment was to be entered for the defendant. The court or« dered judgment for the defendant, and the plaintiffs appealed.
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Action to recover damages from a telegraph company for a failure to send a message correctly. In the Superior Court, the action was submitted upon an agreed statement of facts. The parties also agreed that if the action could not be maintained for a sum greater than the sum paid for the sending of the message, judgment was to be entered for the defendant. The court or« dered judgment for the defendant, and the plaintiffs appealed. The facts are stated in the opinion of the court.
1Opinion of the CourtChapman, C. J.
The plaintiffs sent over the defendant’s line, June 23, 1872, a message directed to “ Hon. William Parsons, care H. B. Napier, Owego, N. Y.” It was written on the usual blanks furnished by the defendant, a copy of the heading of which is as follows :
“ The Western Union Telegraph Company. All messages taken by this company subject to the following terms : To guard against mistakes, the sender of a message should order it repeated ; that is, telegraphed back to the originating office. For repeating, one half the regular rate is charged in addition. And it is agreed between the sender of the…
2Cases cited3 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Breese v. United States Telegraph Co.New York Supreme Court · 1866
3Cited by21 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
- Kiley v. . Western Union Telegraph Co.New York Court of Appeals · 1888
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