Thompson v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grcmt County. The case is stated in the opinion. They contended, inter 'alia, that a stipulation limiting the liability of a telegraph company is valid when gross negligence or fraud is not shown. Heimamm, v. W. TJ. Tel. Go. 51 Wis. 562; Young v. W. U. Tel. Go. 65 N. Y. 163; Clement v. W. TJ. Tel. Go. 131 Mass. 463; Qrinnell v. W. TJ. Tel.
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APPEAL from the Circuit Court for Grcmt County. The case is stated in the opinion. They contended, inter 'alia, that a stipulation limiting the liability of a telegraph company is valid when gross negligence or fraud is not shown. Heimamm, v. W. TJ. Tel. Go. 51 Wis. 562; Young v. W. U. Tel. Go. 65 N. Y. 163; Clement v. W. TJ. Tel. Go. 131 Mass. 463; Qrinnell v. W. TJ. Tel. Go. 113 id. 299. The rule 'applicable to common carriers applies with equal force to telegraph companies. Boorman v. Am. Exp. Go. 21 Wis. 152; Bank of Ky. v. Adams Exp. Go. 93 U. S. 188; Hill v. iS. B. & H. Y. B. Go. 13 N.…
1Opinion of the CourtTayloe, J.
The respondents brought their action in .justice’s court against the appellant company to recover damages of the company for negligently delaying the trans'mission and delivery of the following telegram, delivered by the plaintiffs to the agent of the appellant at Boscobel, in this state, viz.:
“ Boscobel, April 26, 1884.
“ To E. G. Thompson, Fennirnore, Wis.: Send bay horse ’ to-day. Mock loads to-night.
[Signed]
“William ThoMpsoN.”
*533This message was delivered to the agent of the company at Boscobel at ten A. M., on the 26th of April, 1884, and' was not delivered at Eennimore until about ten A. M.…
2Cases cited10 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Hibbard v. Western Union Telegraph Co.Wisconsin Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
16 more not listed; retrieve them via the Exa API.