Grinnell v. Western Union Telegraph Co.
Massachusetts Supreme Judicial Court
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
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
6 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
31 more not listed; retrieve them via the Exa API.