Shaw v. Postal Telegraph & Cable Co.

Citations

• 79 Miss. 670

Syllabus

<p>1. Contbacts. Foreign statute. Comity. Telegram. Cypher message.</p> <p>The validity of a contract made in Massachusetts for the transmission and delivery of a cypher dispatch to an addressee in Tennessee is to be determined by the statutes of the state where made as construed by its supreme court, although such construction be in conflict with the principles of the common law. Whitfield, C. J., dissenting.</p> <p>3. Same. Rules of telegraph company. Extra pay to insure acewracy.</p> <p>Where, construing its own statutes, the supreme court of Massachusetts has held a regulation of a telegraph company requiring the payment of an additional sum to insure accuracy in the transmission of a dispatch reasonable and valid, the courts of this state will, in a suit on a contract there made, follow the Massachusetts decisions, although the contract would have been void if made in this state as exempting the company from liability for its negligence. Whitfield, C. J., dissenting.</p>