Western Union Telegraph Co. v. Commercial Milling Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is an action for damages for failure to deliver a telegram given to the telegraph company at- Detroit, Michigan, to be delivered at Kansas City, Missouri. On August 15, 1904, the milling company was offered ten thousand bushels of wheat, of a certain kind, at $1.01 a bushel, for immediate acceptance. The telegram in controversy was sent to accept the offer.
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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. This is an action for damages for failure to deliver a telegram given to the telegraph company at- Detroit, Michigan, to be delivered at Kansas City, Missouri. On August 15, 1904, the milling company was offered ten thousand bushels of wheat, of a certain kind, at $1.01 a bushel, for immediate acceptance. The telegram in controversy was sent to accept the offer. It was promptly transmitted by the company> to its relay station at Chicago within a minute or two after it was filed at Detroit. What became of it afterwards is not shown; it was…
1Opinion of the CourtJustice McKenna
Intercourse between the ¡States by the telegraph is interstate commerce. Telegraph Co. v. Texas, 105 U. S. 460, 464; Western Union Tel. Co. v. Pendleton, 122 U. S. 347, 356. So considering, one division of the Supreme Court of Michigan was of the opinion that the statute of the State in regard to. telegraph messages, if not limited to those which were delivered within the State, would be unconstitutional. In arriving at that conclusion it was considered whether the common law of the State prohibited the stipulation against liability for negligence, and it was asked, if it did not, “Can a…
2Cases cited7 opinions
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Telegraph Co. v. TexasSupreme Court of the United States · 1882
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
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3Cited by98 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Alaska Packers Assn. v. Industrial Accident Comm'n of Cal.Supreme Court of the United States · 1935
- Strock v. PressnellOhio Supreme Court · 1988
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