Legal Opinion

White v. Western Union Telegraph Co.

United States Circuit Court

Decided June 15, 1882PublishedCited by 6 opinions

This was an action to recover damages by reason of an alleged mistake in transmitting a dispatch over the lines of defendant’s company. The dispatch was sent pursuant to certain regulations and conditions as contained in the telegraph blank upon which the message was written. The original dispatch, together with the printed form upon which the same was written, is as follows, to-wit: “The Western Union Telegraph Company.

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This was an action to recover damages by reason of an alleged mistake in transmitting a dispatch over the lines of defendant’s company. The dispatch was sent pursuant to certain regulations and conditions as contained in the telegraph blank upon which the message was written. The original dispatch, together with the printed form upon which the same was written, is as follows, to-wit: “The Western Union Telegraph Company. All messages taken by this company subject to the following terms: To guard against mistakes or delays the sender of a message should order it repeated; that is, telegraphed…

1Opinion of the Court

Fosteb, D. J.,

[charging jury.) I desire to get before your minds the facts upon which you are to pass in arriving at a verdict from the evidence in this ease. There has been a great deal of discussion about the law, and some discussion upon the evidence. I will first call your attention to the issues in this case, and the facts that are admitted and uncontroverted, and the facts remaining for you to pass *712upon by your verdict. It is not controverted in ibis case that the plaintiffs, White, Washer & King, in the month of June took to the Western Union Telegraph office, in Atchison, this…

2Cases cited48 opinions

  1. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  2. Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
  3. United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
  4. Jones v. JohnstonSupreme Court of the United States · 1856
  5. Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874

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3Cited by6 opinions

  1. Western Union Telegraph Co. v. PrevattSupreme Court of Alabama · 1907
  2. Western Union Tel. Co. v. CookCourt of Appeals for the Ninth Circuit · 1894
  3. Suchomajcz v. United StatesDistrict Court, E.D. Pennsylvania · 1979
  4. In Re MiddletonUnited States Bankruptcy Court, N.D. Georgia · 1980
  5. First Nat. Bank v. Western Union Telegraph Co.Alabama Court of Appeals · 1932

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