Bank of Cal. v. W. Union Tel. Co.
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On and before January 21st, 1875, one P. L. Washburn was the sole agent of the Western Union Telegraph Company at Colusa, Colusa County, California, for the receipt and transmission of dispatches over its telegraph' wires.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On and before January 21st, 1875, one P. L. Washburn was the sole agent of the Western Union Telegraph Company at Colusa, Colusa County, California, for the receipt and transmission of dispatches over its telegraph' wires. He was also at the same time agent for Wells, Fargo & Co.’s Express, and had various insurance agencies, and employed in his general business, as his clerk, a young man who went by the name of Charles Crowell. Washburn was a practical “Morse” telegraph operator, and Crowell also…
1Opinion of the Court
All carriers of messages are regulated by the Code. (See Civil Code, secs. 1017, 2162, 2207, 2209; Penal Code, secs. 474, 619-621, 638-641, 850, 851.)
By these sections, “ a carrier of messages for reward must use great care and diligence in the transmission and delivery of messages ”; the order in which they are to be delivered is prescribed, and penalties attached for breach of duty.
The greatest secrecy is enforced under severe penalties, and everything is done to keep the contents of messages and the business transacted by telegraph from being disclosed or discovered. (See Scott & Jarnagin…
2Cases cited11 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Hay v. Cohoes Co.New York Supreme Court · 1848
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3Cited by33 opinions
- Malloy v. FongCalifornia Supreme Court · 1951
- Rutherford v. Rideout BankCalifornia Supreme Court · 1938
- Noble v. Sears, Roebuck & Co.California Court of Appeal · 1973
- Morris v. WarlickSupreme Court of Georgia · 1903
- Childers v. Shasta Livestock Auction Yard, Inc.California Court of Appeal · 1987
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