Wolf v. Western Union Telegraph Co.
Supreme Court of Pennsylvania
May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 65, to May Term 1869. This was an action of assumpsit, brought December 13th 1866, by D. K. Wolf and* D. Oberholtzer, trading as D. K. Wolf & Co., against The Western Union Telegraph Company.
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May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Error to the Court of Common Pleas of Lancaster county: No. 65, to May Term 1869. This was an action of assumpsit, brought December 13th 1866, by D. K. Wolf and* D. Oberholtzer, trading as D. K. Wolf & Co., against The Western Union Telegraph Company. The cause of action was, failing to transmit a telegraphic despatch to Buffalo, containing an order by the plaintiffs for flour, by reason of which the plaintiffs had to pay an increased price to which flour subsequently advanced. The plaintiffs claimed to…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
There seems to be but one question in this record. All the others were substantially ruled by the court below in favor of the plaintiffs. The court charged that, under the last clause of the printed terms, the telegraph company was not liable, on the ground that the plaintiffs had not presented their claim for damages in writing within sixty days after sending the message. The message was written and signed by D. K. Wolf & Co. upon a printed blank furnished by the telegraph company. The blank was headed in large letters — “The Western Union…
2Cited by10 opinions
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Western Union Telegraph Co. v. Eubanks & RussellCourt of Appeals of Kentucky · 1897
- Manier & Co. v. Western Union Telegraph Co.Tennessee Supreme Court · 1895
- Bailey & Co. v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1910
- Broom v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
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