Jones v. Telegraph Co.

Thomas Jones brought this action to recover damages from the Western Union Telegraph Co. for its alleged negligent delay in the delivery of a telegram sent to him. Verdict and judgment for the defendant, and the plaintiff appealed in error.

The trial Judge erroneously instructed the jury that the defendant was under legal obligations to exercise only such diligence in the delivery of a telegram “as an ordinary, prudent, and diligent man would exercise in the discharge of his own business under like circumstances.” Telegraph companies are, in a large sense, public corporations, endowed with…