Norman v. Western Union Telegraph Co.

Citations

• 31 Wash. 577
• 72 P. 474
• 1903 Wash. LEXIS 673

Syllabus

<p>.TELEGRAPH COMPANIES-LIABILITY FOR MISTAKE IN TELEPHONING MESSAGE-WHEN MESSENGER AGENT OF ADDRESSEE.</p> <p>Where the person, to whom a telegraph message was sent asked the messenger of the company to telephone him the contents of the telegram because he was outside of the free delivery district, he thereby constituted such messenger his own agent, and a mistake by the messenger in transmitting the contents of the telegram could not be chargeable against the company on the theory of ratification of his acts from the fact of his being in their employ and'using a telephone in their office to repeat the message, with the knowledge of the telegraph operator, when there is nothing to show that the operator heard the message read over the telephone, or knew that a mistake had been made.</p> <p>SAME — DELIVERY OF MESSAGE — SUFFICIENCY.</p> <p>Any delivery of a telegraph message which, in law, would be good as between the receiver of the message and the company is good as between the sender and the company.</p> <p>SAME-EVIDENCE-QUESTION FOR JURY.</p> <p>Where a principal has testified that he does not remember having authorized his agent to send a certain telegram, but the agent testifies positively that he was so authorized, there is no such substantial conflict as to require the submission of the question to the jury.</p>