Western Union Telegraph Co. v. Tyler

Citations

• 74 Ill. 168

Syllabus

<p>. 1. Telegraph companies — exemption construed. The usual regulations exempting telegraph companies from liability for errors in unrepeated messages, exempts them only for errors arising from causes beyond their own control.</p> <p>3. Same — requirement on blanks, no contract. The regulation requiring messages to be repeated, printed on the blank on which a message is written, is not a contract binding in law, as the duty arises to send the same correctly upon payment of the charge required. Such regulation is void for want of consideration, and as being against public policy.</p> <p>3. Same — burden of proof. Where the inaccuracy in the transmission of a message is proved, the onus of relieving the telegraph company sending the same, from the presumption of negligence thereby raised, rests upon the company, by showing that the error was caused by some agency for which it is not liable.</p>