Legal Opinion

Western Union Tel. Co. v. Va. Paper Co.

Supreme Court of Virginia

Decided February 5, 1891PublishedCited by 7 opinions

Error to judgment of circuit court of city of Richmond, rendered November 21st, 1889, in action of trespass on the case, wherein the Virginia Paper Company was plaintiff, and the Western Union Telegraph Company was defendant. The action was for damages for loss resulting from the negligent act of the defendant, in sending out from its Richmond office a message, in fact a duplicate, which the plaintiff received and acted upon as an original message.

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Error to judgment of circuit court of city of Richmond, rendered November 21st, 1889, in action of trespass on the case, wherein the Virginia Paper Company was plaintiff, and the Western Union Telegraph Company was defendant. The action was for damages for loss resulting from the negligent act of the defendant, in sending out from its Richmond office a message, in fact a duplicate, which the plaintiff received and acted upon as an original message. The verdict and judgment being for the plaintiff, the defendant brought the case here on writ of error and supersedeas., Opinion states the case.

1Opinion of the Court

Lewis, P.,

delivered the opinion of the court.

The case, as disclosed by the record, is substantially this:

During the time covered by the evidence the plaintiff was a member of the “Union Straw-Board Association,” which, on the 18th and 14th of February, 1889, was in session at Toledo, Ohio, at which meeting the question as to the prices to be put upon straw boards was taken up and discussed with considerable feeling. It was the duty of the general manager, James E. Hayes, to immediately notify by telegraph the members and agents of the association throughout the country of all changes in the…

2Cases cited2 opinions

  1. Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
  2. Robinson v. CommonwealthSupreme Court of Virginia · 1879

3Cited by7 opinions

  1. Stearns v. City of RichmondSupreme Court of Virginia · 1892
  2. Norfolk & Western R. v. Dunnaway's Adm'rSupreme Court of Virginia · 1896
  3. Filer v. McNairSupreme Court of Virginia · 1932
  4. Freeburn v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1917
  5. First National Bank of Pineville v. SandersWest Virginia Supreme Court · 1916

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