Hibbard v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action to recover damages alleged to have accrued to plaintiffs by reason of defendant’s failure to deliver a telegraphic dispatch. Trial by the court without a jury.
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APPEAL from tbe County Court of Milwaukee County. Action to recover damages alleged to have accrued to plaintiffs by reason of defendant’s failure to deliver a telegraphic dispatch. Trial by the court without a jury. The court held that defendant was guilty of negligence in failing to deliver such message, and became liable to plaintiffs for any damages sustained by them ; but that “ no injury had been sustained by plaintiffs which the court could compute in damages,” and judgment was accordingly entered for defendant. The facts upon which the claim of plaintiffs was based, are more fully…
1Opinion of the CourtCole, J.
The facts of this case upon which the questions of law arise, are few and undisputed. The plaintiffs, who were engaged in buying and selling grain in Milwaukee, through *563their agent, on tbe 6th of May, 1872, at Port Huron, Michigan, delivered, at about 7: 25 P. M., to the defendant company for transmission over its line, a message directed to their agent at Milwaukee, in the following language; “ Buy twenty thousand, seller June, pay telegraph there.” This message was written upon one of the printed blanks furnished by the company for the transmission of night dispatches and was sent by the…
2Cases cited6 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Eaton v. LymanWisconsin Supreme Court · 1872
- Havemeyer v. CunninghamNew York Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Gross v. HeckertWisconsin Supreme Court · 1904
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
34 more not listed; retrieve them via the Exa API.