Legal Opinion

Grinnell v. Western Union Telegraph Co.

Massachusetts Supreme Judicial Court

Decided October 15, 1873PublishedCited by 36 opinions

Action with counts in contract and counts in tort, joined, for the same cause of action. The first were for a breach of contract, the second for negligence in transmitting, from New Bedford to Boston, the following message: “ New Bedford, April 15, 1871. To Samuel Gould, Pres. of the Manufacturers’ Ins. Co., Boston. Please continue the Cordage Company policy at the old rate until I see you Monday. Answer. Lawrence Grinnell.”

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Action with counts in contract and counts in tort, joined, for the same cause of action. The first were for a breach of contract, the second for negligence in transmitting, from New Bedford to Boston, the following message: “ New Bedford, April 15, 1871. To Samuel Gould, Pres. of the Manufacturers’ Ins. Co., Boston. Please continue the Cordage Company policy at the old rate until I see you Monday. Answer. Lawrence Grinnell.” It was alleged that the word “ Answer ” was omitted from the message as delivered, and that the plaintiff, not being advised of the assent of the insurance company,…

1Opinion of the CourtGray, C. J.

The liability of a telegraph company is quite unlike that of a common carrier. A common carrier has the exclusive possession and control of the goods to be carried, with peculiar opportunities for embezzlement or collusion with thieves : *302the identity of the goods received with those delivered cannot be mistaken; their value is capable of easy estimate, and may be ascertained by inquiry of the consignor, and the carrier’s compensation fixed accordingly; and his liability in damages is measured by the value of the goods. A telegraph company is intrusted with nothing but an order or message,…

2Cases cited11 opinions

  1. United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
  2. Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
  3. Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
  4. Breese v. United States Telegraph Co.New York Court of Appeals · 1871
  5. Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
  2. Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
  3. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
  4. Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
  5. Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881

31 more not listed; retrieve them via the Exa API.

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