Wolf Co. v. Western Union Telegraph Co.

Citations

• 24 Pa. Super. 129
• 1904 Pa. Super. LEXIS 141

Syllabus

<p>Telegraph companies — Negligence—Mistake in message — Contract.</p> <p>Where the cost of machinery stated in a telegram from the manufacturer is made the basis of a contract between the receiver of the telegram and a third person, and it subsequently turns out that the cost of the machinery was much greater than that stated in the telegram, and that the mistake was due to the operator of the company and not to the sender of the telegram, the telegraph company will be liable to the person receiving the telegram and making the contract, for the amount of his loss.</p> <p>In such a case where the telegraph company produces a witness whose testimony tends to show that the mistake was due to the carelessness of the sender in dictating the telegram, it is competent for the plaintiff to show on cross-examination that the negligence was not that of the author of the message, but that of the operator in transmitting it.</p> <p>In an action against a telegraph company to recover damages resulting from the negligent transmission of a telegram, if the evidence is conflicting, the case is for the jury, but if one of the essential facts is undisputed, the court may refer to that fact as an element of negligence, if it leaves the other facts for the determination of the jury.</p>