Parks v. Alta Cal. Tel. Co.
California Supreme Court
Appeal from the Sixth Judicial District. The Court below held that a telegraph company was not a common carrier; was not in any sense an insurer; that a message had not any market value; and that the measure of damages was limited to the cost of the dispatch, which being two dollars and fifty cents, judgment therefore "was rendered. Plaintiff moved for a now trial, which being denied, this appeal was taken in liis behalf.
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
*424On the 7th day of October, I85G, about 7 o’clock, p. m. the defendant contracted with the plaintiff, at Mokelumne Hill, for the immediate dispatch of a message to the city of Stockton. The dispatch was directed to the agent of the plaintiff, in these words: “Due, 1,800; attach if you can find property; will send note by to-morrow’s stage.” This was in answer to a dispatch by the same line received that morning from plaintiff's agent, informing the plaintiff of the failure of a firm of Gillingham & Co. and inquiring the amount due from them to him. An accident prevented…
2Cited by29 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Beaupré v. Pacific & Atlantic Telegraph Co.Supreme Court of Minnesota · 1874
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Manville v. Western Union Telegraph Co.Supreme Court of Iowa · 1873
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