Postal Telegraph & Cable Co. v. Wells

Citations

• 82 Miss. 733

Syllabus

<p>1. Telegraph Company. Error in message. Tort. Sendee’s right.</p> <p>If a telegraph company receive in another state a message for transmission and delivery to the sendee in this state, and negligently deliver him a different message, to his damage, it will he liable to him. in tort therefor.</p> <p>2. Same. Stipulations on baclt of message. Limiting liability. Constitution 1890, l 195.</p> <p>A stipulation on the hack of a telegraph message to the effect that the company will not he liable, beyond the charge paid for the transmission, for mistakes in rjnrepeated messages or errors in transmitting cipher messages, is unavailing as a defense, under Constitution 1890, sec. 195, declaring telegraph companies common carriers in their line of business and subject to liability as such.</p> <p>3. Same. Message reeeimed in one state. Detvvery in another. Contract. Conflict of laws. Statutes. Common law. ■</p> <p>The rule that tbe validity of a contract made in one state, for the transmission and delivery of a dispatch in another, is to be determined by the statutes of the state where made, has no application when the common law governs the subject in the state where the contract was made. Shaw v. Postal, etc., Co., 79 Miss., 670, distinguished.</p>