Western Union Telegraph Co. v. Smith

1. The court did not err in any of its rulings upon the demurrer to the petition as amended.

2. A third person who is neither the sender nor the addressee of a telegraph message may sue the telegraph company for its negligence in failing to deliver the message, where the message shows or the company is otherwise informed of his beneficial interest therein. 37 Cyc. 1716, and cases cited in note 17. Under this ruling and the facts of the instant case, the plaintiff was entitled to recover; and the verdict in his favor for $117.10 was authorized by the evidence.(a) Under the principle of the…