Seifert v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for damages. Before Judge Felton. Bibb superior court. January 31, 1907. Mrs. Seifert sued the telegraph company, alleging that her husband delivered to the defendant a message in the following words: "To Dr. R. C. Mosely, Bolingbroke, Ga. Come at once. Mrs. Seifert worse. E. C. Seifert.” The defendant received the message and undertook to transmit it with reasonable despatch. The charges demanded were paid.
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Action for damages. Before Judge Felton. Bibb superior court. January 31, 1907. Mrs. Seifert sued the telegraph company, alleging that her husband delivered to the defendant a message in the following words: "To Dr. R. C. Mosely, Bolingbroke, Ga. Come at once. Mrs. Seifert worse. E. C. Seifert.” The defendant received the message and undertook to transmit it with reasonable despatch. The charges demanded were paid. The message was delivered to the defendant at 12:50 p. m. on July 18, and was not delivered to the addressee until 8:35 a. m. on the 19th. The'delay was due to the gross negligence…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) Where an agent sends a telegram for an undisclosed principal the principal may bring an action in his own name for damages resulting from error in transmission which brought about a delay in delivering the telegram. Propeller Tow-Boat Co. v. Western Union Tel. Co., 124 Ga. 478, 52 S. E. 706; Harkness v. Western Union Tel. Co., 73 Iowa, 190, 5 Am. St. R. 672, 34 N. W. 811. An undisclosed principal may bring a suit in his own name for the breach of the contract made by his agent with a telegraph company, in1 which it agreed to transmit and deliver 'a telegram with…
2Cases cited12 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Western Union Telegraph Co. v. CoffinTexas Supreme Court · 1895
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hendricks v. JonesCourt of Appeals of Georgia · 1922
- Southern Bell Telephone & Telegraph Co. v. GlawsonSupreme Court of Georgia · 1913
- Hildreth v. Western Union Telegraph Co.Supreme Court of Florida · 1908
- Glawson v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1911
- Foss v. Pacific Telephone & Telegraph Co.Washington Supreme Court · 1946
10 more not listed; retrieve them via the Exa API.