Barker v. Western Union Telegraph Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: E. Bat Steveus, Circuit Judge. Appeal from order sustaining demurrer to the complaint.
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Appeal from an order of the circuit court for Dane county: E. Bat Steveus, Circuit Judge. Appeal from order sustaining demurrer to the complaint. That instrument alleges that plaintiff has built up an active practice in the treatment of certain diseases in and around Madison, Wisconsin, extending as far as Chicago-, and in said business was well known to defendant and its agents and employees; that on April 22, 1905, a certain Chicago man, whose condition was desperate, learning of plaintiff’s abilities, had decided and determined to abandon a trip to Arizona and to take treatment from…
1Opinion of the CourtDodge, J.
The liability of telegraph' companies for failure to perform their duty to correctly transmit and deliver messages, whether that duty result from a contract or otherwise, has been the subject of a vast amount of litigation and discussion. One question which has pervaded and confused a considerable majority of the decided cases has been eliminated by our statute, sec. 1778, Stats. (1898), making them “liable for all damages occasioned” by failure or negligence in performance of that duty. That statute, last carefully construed in Fisher v. W. U. Tel. Co. 119 Wis. 146, 96 N. W. 545, has…
2Cases cited16 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Derby v. FlitnerMassachusetts Supreme Judicial Court · 1875
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Bowe v. GageWisconsin Supreme Court · 1906
- Parks v. Alta Cal. Tel. Co.California Supreme Court · 1859
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Biakanja v. IrvingCalifornia Supreme Court · 1958
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Western Union Telegraph Co. v. GreenTennessee Supreme Court · 1925
- Larsen v. Postal Telegraph Cable Co.Supreme Court of Iowa · 1911
- Western Union Telegraph Co. v. BiggerstaffIndiana Supreme Court · 1912
13 more not listed; retrieve them via the Exa API.