Postal Telegraph-Cable Co. v. Moss & Co.
Court of Appeals of Georgia
Action for damages, from city court of Athens — Judge Cobb. February 17, 1908. E. L. Moss & Company brought an action for damages against the Postal Telegraph-Cable Company for an alleged failure to transmit a cablegram. It appeared, from the evidence, that on November 28, 1904-, the plaintiffs delivered to the Postal Telegraph-Cable Company, at Athens, Georgia, the following message for delivery to Cunningham & Hinshaw, at Liverpool, England: “Athens, Georgia.
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Action for damages, from city court of Athens — Judge Cobb. February 17, 1908. E. L. Moss & Company brought an action for damages against the Postal Telegraph-Cable Company for an alleged failure to transmit a cablegram. It appeared, from the evidence, that on November 28, 1904-, the plaintiffs delivered to the Postal Telegraph-Cable Company, at Athens, Georgia, the following message for delivery to Cunningham & Hinshaw, at Liverpool, England: “Athens, Georgia. November 28, 1904. Mosshaw, Liverpool. 39th. Laparocele Lentivo Bramaputra.” Interpreted this cipher message reads: “Cunningham &…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
We think that the court erred in refusing a new trial; for, in our view of the case, the direction of the verdict for the plaintiffs was wholly unwarranted. Passing over all of the assignments of *506error which are dependent upon the admissibility of evidence, and pretermitting any discussion of the facts that the telegrams introduced by the plaintiffs only show the sale of 250 bales of cotton; that the grade of the cotton was not shown to be the same as that' specified in the contract between the parties, and, above all, the fact that it was for the jury, and…
2Cases cited17 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Hill v. Western Union Telegraph Co.Supreme Court of Georgia · 1890
- Lester v. Western Union Telegraph Co.Texas Supreme Court · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Union Telegraph Co. v. FordCourt of Appeals of Georgia · 1912
- American National Insurance v. LynchCourt of Appeals of Georgia · 1934
- Lytle v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
- Western Union Telegraph Co. v. FittsCourt of Appeals of Georgia · 1913
- Moss & Co. v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
1 more not listed; retrieve them via the Exa API.