Pinckney Bros. v. W. U. Telegraph Co.

Citations

• 19 S.C. 71
• 1883 S.C. LEXIS 57

Syllabus

<p>1. A telegraph company, having received and transmitted a message, but with a mistake in its terms, resulting in loss to the sender, proof of due care by the company, or of the absence of negligence and carelessness on their part, is a good defense to an action brought to recover for such loss.</p> <p>2. Telegraph companies are not liable for all mistakes made in the transmission of messages, except such as they may show to have occurred from an act of God, or irresistible force.</p> <p>5. Telegraph companies are not held to the liability imposed by law upon common carriers, but are to be governed by the law applicable to that class of bailments styled locatio operis faeiendi.</p> <p>4. The ruling of the trial judge, directing the empaneling of jurors who had formed an opinion, not disturbed.</p> <p>■5. Under action brought against a telegraph company for damages to the extent of a loss caused by an error in the transmission of a telegram, plaintiff, failing to sustain his elected cause of action, is not entitled to recover an amount stipulated in his contract as the measure of the company’s liability in case of error.</p>