Western Union Telegraph Co. v. Carew
Michigan Supreme Court
Error to Wayne Circuit. This was an action of assumpsit, brought by defendant in error to recover damages for the failure on the part of plaintiff in error to transmit a certain telegraph message from Detroit to Baltimore. The charges were, paid to Baltimore, though plaintiff in error’s lines only extended to Philadelphia. The message was correctly sent to Philadelphia, and delivered there to the agent of the Baltimore line.
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Error to Wayne Circuit. This was an action of assumpsit, brought by defendant in error to recover damages for the failure on the part of plaintiff in error to transmit a certain telegraph message from Detroit to Baltimore. The charges were, paid to Baltimore, though plaintiff in error’s lines only extended to Philadelphia. The message was correctly sent to Philadelphia, and delivered there to the agent of the Baltimore line. The error occurred between this point and Baltimore. The message was written upon one of the printed blanks of the company, at Detroit, containing certain conditions, but…
1Opinion of the Court
Christiancy J.
Carew, the plaintiff below, wishing to order an amount of oysters from Rowe, Schoolfield & Co., of Baltimore, went to the office of the plaintiffs in error, at Detroit, and wrote and delivered for transmission the following message:
“ Rowe, Schoolfield & Co. — Carletm, Baltimore, Md.:
Send immediately (40) forty cases cans, (5) fire sacks kegs. Don’t fail.
J. H. CAREW.” *530and paid for its transmission one dollar and ninety-five cents, the price of an unrepeated message from Detroit to Baltimore.
On the face of the paper upon which the message was written, was printed the following…
2Cases cited2 opinions
- Breese v. United States Telegraph Co.New York Supreme Court · 1866
- Bryant v. American Telegraph Co.New York Court of Common Pleas · 1866
3Cited by41 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
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