Propeller Tow-Boat Co. v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for damages. Before Judge Norwood. City court of Savannah. May 15, 1905. The Propeller Tow-Boat Company of Savannah sued the telegraph company for damages on account of an error in the transmission of a tel'egram. From the petition it appeared, that the plaintiff entered into a charter-party with the Savannah Lighterage and Transfer Company, by which the plaintiff became the lessee of the Lighterage Company’s schooner “Hilda.”
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Action for damages. Before Judge Norwood. City court of Savannah. May 15, 1905. The Propeller Tow-Boat Company of Savannah sued the telegraph company for damages on account of an error in the transmission of a tel'egram. From the petition it appeared, that the plaintiff entered into a charter-party with the Savannah Lighterage and Transfer Company, by which the plaintiff became the lessee of the Lighterage Company’s schooner “Hilda.” Under the terms of the charter-party six lay-days were allowed for loading the schooner, and “for each and every day’s detention by default of said party of the…
1Opinion of the CourtCobb, P. J.
The telegram which has given rise to this controversy was sent by the Lighterage Company to the captain of the schooner “Hilda.” The Lighterage Company, in so sending the telegram, acted as the agent of the Tow-Boat Companjq the latter being an undisclosed principal. There is no question about the right of an undisclosed principal to sue a telegraph company for negligence in the delivery of telegrams. “The governing principle is that an undisclosed principal, as the ultimate party in interest, is entitled, .against third persons, to all advantages and benefits of such acts and contracts of…
2Cases cited8 opinions
- Western Union Telegraph Co. v. ShotterSupreme Court of Georgia · 1884
- Georgia Railroad v. HaydenSupreme Court of Georgia · 1883
- Western Union Telegraph Co. v. FatmanSupreme Court of Georgia · 1885
- Western Union Telegraph Co. v. Flint River Lumber Co.Supreme Court of Georgia · 1902
- Brooke v. Western Union Telegraph Co.Supreme Court of Georgia · 1904
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3Cited by5 opinions
- Nicholson v. . DoverSupreme Court of North Carolina · 1907
- Seifert v. Western Union Telegraph Co.Supreme Court of Georgia · 1907
- Southwestern Railroad v. VellinesCourt of Appeals of Georgia · 1914
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
- Levy Bros. v. Western Union Telegraph Co.Supreme Court of Oklahoma · 1913