Heimann v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from the County Court of Mihocmlcee County. Action to recover damages for a delay in the delivery of a telegram. The blank used by the plaintiffs in sending the message was in the following form: “The WesterN Unioh Telegraph CompaNV. “half RATE MESSAGE. “ The business of telegraphing is liable to errors and delays, arising from causes which cannot at all times be guarded against, including, sometimes, negligence of servants and agents whom it is necessary to employ.
Read the full summary
APPEAL from the County Court of Mihocmlcee County. Action to recover damages for a delay in the delivery of a telegram. The blank used by the plaintiffs in sending the message was in the following form: “The WesterN Unioh Telegraph CompaNV. “half RATE MESSAGE. “ The business of telegraphing is liable to errors and delays, arising from causes which cannot at all times be guarded against, including, sometimes, negligence of servants and agents whom it is necessary to employ. Most errors and delays may be prevented by repetition, for which, during the day, half-price extra is charged, in…
1Opinion of the CourtOetoN, J.
The main question in this ease, and on which, more than all others, the verdict was directed, was whether the plaintiffs were bound by the condition in the printed rules and regulations of the defendant company, which, if accompanying the original message to be sent, or known by the plaintiffs to exist in respect to such message, became the- contract between the parties, — “ that no claim for damages shall be valid unless presented in writing within twenty days from sending the message.” The testimony of the plaintiffs themselves was that for many years they had used the blanks of the company…
2Cases cited1 opinion
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
3Cited by15 opinions
- Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
- Phillips v. Western Union Telegraph Co.Texas Supreme Court · 1902
- Russell v. Western Union Telegraph Co.Supreme Court of Kansas · 1896
- Western Union Telegraph Co. v. ScircleIndiana Supreme Court · 1885
10 more not listed; retrieve them via the Exa API.