Legal Opinion

Sweatland v. Ill. & Miss. Telegraph Co.

Supreme Court of Iowa

Decided October 6, 1869PublishedCited by 38 opinions

Appeal from Cedar District Court.- Liability of telegraph company for mistakes in messages : statute construed : effect of conditions as to REPEATING MESSAGES : EVIDENCE : ADMISSIONS OF AGENTS.The plaintiff seeks in this action to recover from the defendant damages caused by a mistake in a telegraphic message.

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Appeal from Cedar District Court.- Liability of telegraph company for mistakes in messages : statute construed : effect of conditions as to REPEATING MESSAGES : EVIDENCE : ADMISSIONS OF AGENTS.The plaintiff seeks in this action to recover from the defendant damages caused by a mistake in a telegraphic message. On the trial it was agreed between the parties “that, if the plaintiff is entitled to recover, the amount of his recovery should be nine hundred and fifty dollars, and interest.” That there was a mistake in the message is an undisputed fact. The main question on the trial was, whether,…

1Opinion of the Court

Dillon, Ch. J.

Properly to examine and' cóúfe'idkü the important, and, in this State, undecided questions .arisw ing on the record, this cause was held over from the last term. We are now prepared to decide it.

1. Telegraph piintelTrastrictions: statute. The original message left with the defendant for transmission was this:

“ LÍVe h°SS> S1'X (6)> SÍX (6J). Dressed, s^x three-quarters (6f), seven (7) firm.”

¿Leliwered to the plaintiff it read:

“ Live hogs six three-quarters, seven (7) firm.” Prom the middle of the message was omitted the words :

“ Six (6), six quarter (6^), dressed.”

The effect of…

2Cases cited5 opinions

  1. Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
  2. Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
  3. Wann v. Western Union Telegraph Co.Supreme Court of Missouri · 1866
  4. Breese v. United States Telegraph Co.New York Supreme Court · 1866
  5. Farner v. TurnerSupreme Court of Iowa · 1855

3Cited by38 opinions

  1. Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
  2. Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
  3. Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
  4. Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
  5. Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873

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