Sherrill v. . Telegraph Co.

Upon the trial defendant admitted the delivery of the message for transmission, the payment of costs therefor and, further, that the telegram had never been delivered to Franklin Sherrill, for whom it was intended. The message was delivered to defendant company at Lebanon, Ind., by the witness Booher, acting for the sender, and was in words and figures as follows:

"Max, Ind., 1 Dec. 1890. Mr. Franklin Sherrill, Statesville, N.C.: Tell Henry to come home. Lou is bad sick. M. C. Sherrill.

"Tel. ans. quick; it's paid for here.

"16 pd. $3.50 gt. spl. dely."

It appeared that plaintiff, who is referred…