Western Union Telegraph Co. v. Abbott Supply Co.

Seitz, Vice Chancellor,

delivering the opinion of the court:

This case requires the Court to determine under which clause of the telegraph company’s tariff its liability is here fixed. The parties will be designated as they appeared in the trial court.

Plaintiff brought suit to recover damages occasioned by the defendant’s delay in sending a telegram. The message was delivered to the defendant’s agent in Georgetown, Delaware, who relayed it to Dover, Delaware. The Dover office failed to transmit it promptly to Chicago because of a clerical error in making up the office record of telegrams sent.…