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· 1/4/1892

Tobin v. W. U. Telegraph Co.

Citations

  • 146 Pa. 375
  • 23 A. 324
  • 1892 Pa. LEXIS 1233

Syllabus

<p>1. Where the recipient of a telegram, sent from Staten Island but reading as if sent from South Carolina, after inquiry at the telegraph office and finding it closed was misled into taking a fruitless trip to South Carolina, it cannot be said as matter of law that he was chargeable with contributory negligence.</p> <p>2. In such ease, the telegraph company was not relieved from liability, by the fact that the plaintiff did not have the message delivered to him repeated back, in accordance with a rule of the company limiting its responsibility to messages so repeated. The rule applied to the sender, not to the recipient.</p>

Judges: Clabk, Cueiam, Gbeen, McCollum, Mitchell, Paxson, Stebbett, Williams

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