Western Union Telegraph Co. v. Neill

Citations

• 57 Tex. 283
• 1881 Tex. LEXIS 179

Syllabus

<p>1. Telegraph companies.— Telegraph companies are not insurers against loss resulting from mistakes in messages transmitted, and they have the right, in a proper manner and within proper limitations, to restrict their liability for damages.</p> <p>2. Same.—Telegraph companies may limit their liability for delays and errors in transmitting and delivering messages, either by express contract, or by regulations printed and brought to the notice of those dealing with them; especially is this true in regard to night messages; but this will not extend to injuries caused by the misconduct, fraud or want of due care on the part of the company, its servants or agents.</p> <p>3. Same—Negligence.— See statement and opinion for facts under which the erroneous transmission of a message by a telegraph company was held to be, of itself, insufficient evidence to establish negligence in the company.</p> <p>4. Telegraph company—.Damages.— The fact that one acts on information not true in fact, and conveyed by mistake in a telegram, will not render the company liable for a larger amount of damage than that stipulated in their contract, if the party injured had reason, before acting on the telegram, to doubt its accuracy, and failed to have it verified by repetition. The declarations of the operator that the message is correct will not relieve from, the duty to have it repeated in a ease of doubt.</p>