Western Union Telegraph Co. v. Sullivan

Citations

• 82 Ohio St. (N.S.) 14

Syllabus

<p>Liability of telegraph company — For failure to deliver message— Results from inaccuracy in transmission of message — Question of presumption as to fault — In non-delivery — Estimate of damages.</p> <p>1. Since a telegraph company for failure to deliver a message is liable only for such damages as naturally result from the breach of its contract, special damages cannot be recovered unless for injuries of such a nature as the terms of the message, or some circumstances attending its transmission, would suggest as likely to result from such failure. (Bank v. Telegraph Co., 30 Ohio St, 555, approved and followed.)</p> <p>2. Although in an action against a telegraph company for damages resulting from an inaccuracy in the transmission of a message, the inaccuracy having been shown, the burden is upon the company to show that it was not due to its fault, no presumption can be indulged to sustain an allegation of the company’s failure to make timely delivery of a message when it does not appear that the addressee, or some one representing him, was at the place designated for deliverj'. (Telegraph Co. v. Griswold, 37 Ohio St., 301, distinguished.)</p>