Postal Tel. Cable Co. v. Schaefer
Court of Appeals of Kentucky
Case 107 — Action to Recover Damages for Failure to Correctly Transmit and Deliver a Message — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals. PROPOSITIONS OP LAW AND AUTHORITIES.
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Case 107 — Action to Recover Damages for Failure to Correctly Transmit and Deliver a Message — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiffs and Defendant Appeals. PROPOSITIONS OP LAW AND AUTHORITIES. I. The measure of damages, where a mistake is made in a telegram, by substitution of one figure for another, is the difference between the price offered by the error of the telegram, and the market value at the point t'o which shipped; that is, what the seller could have gotten there. Western Union Tel. Co. v. Shotter, 71 Ga., 760; Watts v. Nevada Central…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Reversing.
This suit was instituted by the 'appellees, who were plaintiffs- in the court below, against -appellants, who own and operate a telegraph line, to reeoyer dam-agesi for their failure to correctly transmit and deliver - a certain telegram to- N. Bernstein & Co., of Cleveland, Ohio. The facts necessary to a correct understanding of the case are as- follows: On the 23d day of August, 1897, John Schaefer & Sons, wholesale produce and fruit merchants at Louisville, Ky., delivered to the defendant, for transmission to N. Bernstein & Co.,' produce brokers…
2Cases cited1 opinion
- Western Union Telegraph Co. v. Eubanks & RussellCourt of Appeals of Kentucky · 1897
3Cited by16 opinions
- Clark v. Southern Railway Co.Indiana Court of Appeals · 1918
- Harper v. Weston Union Telegraph Co.Supreme Court of South Carolina · 1925
- Mckee v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1914
- Western Union Telegraph Co. v. Victor G. Bloede Co.Court of Appeals of Maryland · 1916
- Fisher v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905
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