J. A. Shingleur & Co. v. Western Union Telegraph Co.
Mississippi Supreme Court
FkoM the circuit court of the first district of blinds county. HoN. J. R. Chrisman, Judge. Action by J. A. Shingleur & Co. against the Western Union Telegraph Company, to recover for loss sustained through the delivery of an altered message. The case was tried before the court without a jury on an agreed statement of facts, the material parts of which are as follows: J. A. Shingleur & Co. were cotton buyers in Jackson, Miss., and had five hundred bales of cotton to sell.
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FkoM the circuit court of the first district of blinds county. HoN. J. R. Chrisman, Judge. Action by J. A. Shingleur & Co. against the Western Union Telegraph Company, to recover for loss sustained through the delivery of an altered message. The case was tried before the court without a jury on an agreed statement of facts, the material parts of which are as follows: J. A. Shingleur & Co. were cotton buyers in Jackson, Miss., and had five hundred bales of cotton to sell. They delivered to the operator of defendant, at Jackson, a cipher message, directed to Appleton, Dickson & Co., Boston,…
1Opinion of the CourtWhitfield, J.
The first contention of appellee is, that the sender does not make the telegraph company his agent in such sense that it renders him liable to the sendee in case an altered message is delivered to the sendee. The negative of this proposition is maintained by the English courts, which hold that the liability of the telegraph company arises entirely out of contract, and, hence, that the sendee, not being in privity with the company, can never sue the company. Playford v. Tel. Co., Allen’s Tel. Cas., 437; Henkel v. Pape, Ib., 567. This view is also urged with great clearness and power in Gray on…
2Cases cited4 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Western Union Telegraph Co. v. ShotterSupreme Court of Georgia · 1884
- Western Union Telegraph Co. v. AllenMississippi Supreme Court · 1889
3Cited by24 opinions
- Postal Telegraph Cable Co. v. FordSupreme Court of Alabama · 1897
- Des Arc Oil Mill v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Mount Gilead Cotton Oil Co. v. Western Union Telegraph Co.Supreme Court of North Carolina · 1916
- Western Union Telegraph Co. v. BurrisCourt of Appeals for the Eighth Circuit · 1910
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