Western Union Telegraph Co. v. Dubois

Citations

• 128 Ill. 248
• 21 N.E. 4
• 1889 Ill. LEXIS 897

Syllabus

<p>1. Telegraphs—duty and liability—likened to common carriers. Telegraph companies are the servants of the public, and are bound to act whenever called upon, their charges being paid or tendered. They are, in that respect,like common carriers, the law imposing on them a duty which they are bound to discharge. The extent of their liability is to-transmit correctly the message as delivered.</p> <p>2. Same—mistake in telegram—rights and remedy of the person receiving the dispatch. In England the receiver of a telegraphic dispatch-can not sue the telegraph company for a mistake therein, on the ground that the obligation of the company springs entirely from the contract, and that the contract for the transmission of the message is with the-sender of it. ^</p> <p>3. But in this country it is well settled that the receiver of the dispatch may maintain an action against the telegraph company through whose negligence the message has been altered or changed, for such loss or damage as he may have sustained by reason of having been led to act upon the dispatch.</p> <p>4. Where there is no contract relation between the receiver of a telegram and the telegraph company transmitting the same, the former can not maintain assumpsit against the latter for a loss caused by a neglect to send the message correctly. In such case, the receiver is limited to an action on the case, of which a justice of the peace has no jurisdiction.</p>