Western Union Telegraph Co. v. Fitts

Fitts sued the Western Union Telegraph Company, in a justice’s court, for damages on account of the non-delivery of a message he had delivered to the defendant’s agent at Carrollton, Georgia, to be transmitted to one Cobb at Brookhaven, Mississippi. Upon the trial the jury returned a verdict in favor of the plaintiff. The defendant sued out a certiorari, which was overruled by the judge of the superior court. There are various .assignments of error in relation to the judgment of the trial court, but all of them were abandoned upon the hearing in the superior court except two: (1) that the…