Wheelock v. Postal Telegraph Cable Co.
Massachusetts Supreme Judicial Court
Contract or tort, with two counts alleged to be for the same cause of action, the first being in contract and the second in tort, for failure of the defendant to'transmit a cable-message- g-i-Ye.n - to it by tbe plaintiffs in Boston for transmission to Australia.
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Contract or tort, with two counts alleged to be for the same cause of action, the first being in contract and the second in tort, for failure of the defendant to'transmit a cable-message- g-i-Ye.n - to it by tbe plaintiffs in Boston for transmission to Australia. Writ in the Superior Court for the county of Suffolk dated June 4, 1906. At the trial, which was before Pierce, J., upon the defendant’s suggesting that, on all the evidence which the plaintiffs intended to offer, they would not be entitled to go to the jury, it was agreed that, for the sake of expediting matters, the plaintiffs…
1Opinion of the CourtKrowlton, C. J.
The plaintiffs delivered to the defendant a message for transmission to their agents in Australia. It failed to reach its destination, and this action was brought to recover damages suffered by the plaintiffs from this cause. The conditions on the back of the blank, subject to which the message was received, and the contract made by the defendant, were, in part, as follows : “ To guard against mistakes or delays, the sender of a message should write it legibly and order it repeated, that is, telegraphed back to the sending station for comparison. For such repeating an additional charge of…
2Cases cited26 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Pollock v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1935
- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
- Barrett v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1922
14 more not listed; retrieve them via the Exa API.