Postal Telegraph Cable Co. v. Lathrop

Citations

• 131 Ill. 575
• 7 L.R.A. 474

Syllabus

<p>1. Telegraphy—mistake in transmission—liability of the compcmy. In order to charge a telegraph company with liability for damages growing out of its neglect to correctly transmit a dispatch ordering the purchase or sale of a certain commodity, it is not necessary that the message should, on its face, disclose the nature of the business, so that the operator may understand its meaning as to the article, quantity, qiiality and price. If enough appears in the message to show that it relates to a commercial business transaction between the correspondents, it will be sufficient to charge the company with damages resulting from its negligent transmission.</p> <p>2. Where a message as written, read in the light of well-known usage in commercial correspondence, reasonably informs the operator that the message is one of business importance, and discloses the transaction as far as is necessary to accomplish the purpose for which it is sent, the company should be held liable for all the direct damages resulting from a negligent failure to transmit it as written, within a reasonable time, unless such negligence is in some way excused.</p> <p>3. A dealer in teas and coffees in Chicago had considerable dealings in New York City, through a broker there, and had frequently sent and had orders filled by such broker. In June he sent this message: “Please buy, in addition to thousand August, one thousand cheapest month; ” also, “Put stop order on five thousand December, at seventeen cents.” The numbers called for so many sacks of coffee. When received at New York the dispatches read: “Please buy in addition two thousand August, one thousand cheapest monthand the other, “Put stop order-on five thousand December, at seventy centsHeld, that the telegraph company was liable to the sender of the message for the damages he sustained by reason of the mistake in the transmission.</p> <p>4. Appeals—reviewing the evidence—opinion of Appellate Court, as showing its findings. Sections 87 and 8