Legal Opinion

Webbe v. Western Union Telegraph Co.

Illinois Supreme Court

Decided November 1, 1897PublishedCited by 7 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action of trespass on the case, brought on August 26, 1893, by the appellant, the receiver of a telegraphic message, against the appellee company to recover damages, growing out of the alteration or change of such message, which was sent to appellant over the lines of appellee.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action of trespass on the case, brought on August 26, 1893, by the appellant, the receiver of a telegraphic message, against the appellee company to recover damages, growing out of the alteration or change of such message, which was sent to appellant over the lines of appellee. Upon the trial in the court below, the court refused all the instructions asked by the plaintiff, and instructed the jury to find the defendant…

1Opinion of the CourtJustice Magruder

Upon the blank form, containing the telegraphic message delivered by Haas to the appellee’s operator at Montgomery, Alabama, there were printed in small type certain conditions, among which was the following: “The company will not hold itself liable * * * in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission.”

Upon the back of the blank form, upon which the dispatch as delivered to appellant in Chicago was written, certain stipulations and conditions were printed, the last of which was as follows: “The company…

2Cases cited12 opinions

  1. Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
  2. Western Union Telegraph Co. v. DuboisIllinois Supreme Court · 1889
  3. Henry Oppenheimer & Co. v. United States Express Co.Illinois Supreme Court · 1873
  4. Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
  5. Western Union Telegraph Co. v. TylerIllinois Supreme Court · 1874

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3Cited by7 opinions

  1. McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
  2. Frazier v. Western Union Telegraph Co.Oregon Supreme Court · 1904
  3. Hickman v. BarrettSupreme Court of Oklahoma · 1935
  4. Fisher v. Western Union Telegraph Co.Wisconsin Supreme Court · 1903
  5. Bowman & Bull Co. v. Postal Telegraph-Cable Co.Illinois Supreme Court · 1919

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