Western Union Telegraph Co. v. Foster

Delany, J. Com. App.

This suit was brought on a claim which is stated as follows:

“Damages caused by error in transmitting dispatch sent by J. M. Foster to Borden & Borden from San Antonio, Texas, to Galveston, Texas; said error being: ‘Gan put stoelc on ears ... at twenty and half dollars' instead of twenty-two and half dollars, whereby twenty-five head of horses were shipped, with result of loss to said Foster of $2 per head — $50.”

The proof shows that on June 3, 1883, the plaintiff below carried to the defendant’s office a message written by himself which was in these words: “Can put stock…