Clement v. Western Union Telegraph Co.
Massachusetts Supreme Judicial Court
Tort for injuries sustained by the plaintiff in consequence of the neglect of the defendant seasonably to deliver a message sent by telegraph. In the Superior Court, the case was sent to an auditor, who found the following facts: On April 27, 1880, the plaintiff, who lived in Haverhill, had a libel of divorce pending in the Supreme Judicial Court, then sitting in Salem, and had arranged with H. P. Moulton, his attorney, to give him notice when the case was to come on.
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Tort for injuries sustained by the plaintiff in consequence of the neglect of the defendant seasonably to deliver a message sent by telegraph. In the Superior Court, the case was sent to an auditor, who found the following facts: On April 27, 1880, the plaintiff, who lived in Haverhill, had a libel of divorce pending in the Supreme Judicial Court, then sitting in Salem, and had arranged with H. P. Moulton, his attorney, to give him notice when the case was to come on. The case being in order for the next day, Moulton, on the 27th, left at the office of the American Union Telegraph Company in…
1Opinion of the CourtMorton, C. J.
The evidence was sufficient to justify the auditor and the presiding justice of the Superior Court in finding that the contract with the defendant, made by the plain* tiff through his agent Moulton, was subject to the conditions and stipulations contained in the form issued by the defendant.
One of these stipulations is as follows: “ It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery, of any unrepeated message, whether happening by negligence of its servants…
2Cases cited1 opinion
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
- Stamey v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
- Halsted v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907
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