Candee v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for MilwctuJcee County. Action for damages alleged to have been sustained by defendant’s failure to deliver a “ nigbt message ” within a reasonable time. Answer, a general denial, and a separate defense alleging that tbe message was sent under a special contract. Tbe action was tried by tbe court without a jury.
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APPEAL from tbe Circuit Court for MilwctuJcee County. Action for damages alleged to have been sustained by defendant’s failure to deliver a “ nigbt message ” within a reasonable time. Answer, a general denial, and a separate defense alleging that tbe message was sent under a special contract. Tbe action was tried by tbe court without a jury. Upon the trial it was shown that the plaintiff was a banker and broker, doing business in Milwaukee and engaged in buying and selling by telegraph, in the New York stock exchange, gold, government bonds and railway shares, through brokers acting as his…
1Opinion of the Court
The following opinion was filed at the June term, 1873.
Dixon, C. J.
It is unnecessary to consider this case with reference to the regulations governing the receipt, transmission and delivery of day messages, although such regulations were put in evidence by the company. The message in question was a night message, written upon what is called a “ night message blank,” furnished by the company, and which contained special regulations for messages of that description. The regulations printed upon and constituting the heading of the night message blank, and underneath and subject to the terms of…
2Cases cited3 opinions
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Rittenhouse v. . Independent Line of TelegraphNew York Court of Appeals · 1870
- Richardson v. ChynowethWisconsin Supreme Court · 1870
3Cited by59 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Gross v. HeckertWisconsin Supreme Court · 1904
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
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