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PAGU

York Co. v. Central Railroad, 3 Zinc Co. 0. La Salle, 117 U. S. Wall. 107 62 411

236 Young v. McKay, 8 T. R. 98 145 Zinn v. N. J. Steamboat Co., 49 Young Mechanic, The, 2 Curtis, N. Y. 442

82 404

282

Alabama.

TABLE OF STATUTES

California.

CITED IN OPINIONS.

PAGE

1789, Sept. 24, 1 Stat. 83, c. 20... 489
1790, Apr. 30, 1 Stat. 113, c. 9. 145
1792, Mar. 23, 1 Stat. 243, c. 11.. 481
1793, Mar. 2, 1 Stat. 333, c. 22... 268
1819, Mar. 3, 3 Stat. 520, c. 88.. 235
1831, Mar. 2, 4 Stat. 487, c. 99... 489
1851, Mar. 3, 9 Stat. 635, c. 43. .80, 270
1853, Mar. 3, 10 Stat. 244, c. 145, 342
1854, Aug. 11, 10 Stat. 805, c. 172, 237
1862, July 1, 12 Stat. 489, c. 120.. 317
1863, Mar. 3, 12 Stat. 765, c. 92.. 483
1864, July 2, 13 Stat. 356, c. 216.. 317
1865, Feb. 17, 13 Stat. 431, c. 39.. 223
1866, July 4, 14 Stat. 83, c. 165.. 317
1866, July 13, 14 Stat. 94, c. 182.. 317
1866, July 25, 14 Stat. 239, c. 242, 317
1866, July 26, 14 Stat. 251, c. 262, 344
1866, July 27, 14 Stat. 292, c. 278, 317
1867, Mar. 2, 14 Stat. 548, c. 189, 317
1871, Mar. 3, 16 Stat. 573, c. 122,
317, 333
1872, June 1, 17 Stat. 197, c. 255, 153
1879, June 30, 21 Stat. 43, c. 52.. 147
1884, June 3, 23 Stat. 35, c. 64... 392
1887, Feb. 4, 24 Stat. 379, c. 104.. 456
1887, Mar. 3, 24 Stat. 505, c. 505, 484
1888, Aug. 13, 25 Stat. 434, c. 866, 469
1889, Mar. 2, 25 Stat. 855, c. 382, 456 | 1 Sup. Rev. Stat. 529, 684, 891..

§ 1035.

§§ 2258, 2302, 2392.
§ 2395.

§§ 2867, 2869..

§ 2871..
$2954.

§§ 2966, 2969.

§ 2984.

2989.

§§ 4132, 4133, 4134.

.59,

§4282.
§ 4285.

(A.) STATUTES OF THE UNITED STATES.

Dakota.

Code, §§ 2612 (3223), 2614 (3225)..

§ 2624 (3236).

Penal Code, § 1151.......... 154 §§ 1176, 1207..... 153

184
185

Comp. Laws of Territory, § 3753....

PAGE

1890, Sept. 19, 26 Stat. 426, c. 907, 220
1891, Feb. 10, 26 Stat. 743, c. 128,
456, 461
1892, May 5, 27 Stat. 25, c. 60... 488
1893, Feb. 11, 27 Stat. 443, c. 83, 480
Revised Statutes.

360

$241..
§ 251.
§ 709.
$711.

§ 720.
§ 725.
$ 800.

§ 804.

$ 914.

(B.) STATUTES OF THE STATES AND TERRITORIES.

Illinois.

Rev. Stat. p. 599, § 833..... 236 Indiana.

360

75

115

276

269

489

147

146

153

Montana.

154

348

343

74

.74, 95

87

74

77

75

1891, March 6, Laws of 1891,
c. 99, pp. 199-291.....

151 62, 80 270 456

437

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PAGE

PAAR New York.

Virginia. Code Civ. Proc. 1891, App.

Code of 1887, § 2186.... 282 1167

283

$ 3192. .116, 117 Rev. Stats. Part 3, c. 8, S8

$ 3193.

117 66, 67...

283 Washington. Texas.

Territorial Code of 1881, 1853, Feb. 7, Gen. Laws of

$S 1, 1299, 1340.

47 1863, p. 58, c. 46.......

410

SS 1388, 1389, 1391, 1493, 1494

48

(C.) FOREIGN STATUTES.

Great Britain.

17 & 18 Vict. c. 104, § 503. 18 & 19 Vict. c. 111, § 3..

59 163

1

CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES,

AT

OCTOBER TERM, 1893.

PRIMROSE v. WESTERN UNION TELEGRAPH

COMPANY.

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE

EASTERN DISTRICT OF PENNSYLVANIA.

No. 59. Argued November 1, 2, 1893. — Decided May 26, 1894.

A stipulation between a telegraph company and the sender of a message,

that the company shall not be liable for mistakes in the transmission or delivery of a message, beyond the sum received for sending it, unless the sender orders it to be repeated by being telegraphed back to the originating office for comparison, and pays half that sum in addition, is

reasonable and valid. In an action by the sender of a cipher message against a telegraph company,

which is not informed, by the message or otherwise, of the nature, importance or extent of the transaction to which it relates, or of the position which the plaintiff would probably occupy if the message were correctly transmitted, the measure of damages for mistakes in its transmission or delivery is the sum paid for sending it.

This was an action on the case, brought January 25, 1888, by Frank J. Primrose, a citizen of Pennsylvania, against the Western Union Telegraph Company, a corporation of New York, to recover damages for a negligent mistake of the defendant's agents in transmitting a telegraphic message from

VOL. CLIV-1

1

Statement of the Case.

the plaintiff at Philadelphia to his agent at Waukeney in the State of Kansas.

The defendant pleaded: 1st, not guilty; 2d, that the message was an unrepeated message, and was also a cipher and obscure message, and therefore by the contract between the parties under which the message was sent the defendant was not liable for the mistake. At the trial, the following facts were proved and admitted:

On June 16, 1887, the plaintiff wrote and delivered to the defendant at Philadelphia, for transmission to his agent, William B. Toland, at Ellis in the State of Kansas, a message upon one of the defendant's printed blanks, the words printed below in italics being the words written therein by the plaintiff, to wit:

"THE WESTERN UNION TELEGRAPH COMPANY.

"Receiver's No.

"THOS. T. ECKERT, General Manager.

Time Filed
18

NORVIN GREEN, President.

"Send the following message subject to the terms on back hereof, which are hereby agreed to.

}

Check

June 16, 1887.

"To Wm. B. Toland, Ellis, Kansas.

"Despot am exceedingly busy bay all kinds quo perhaps bracken half of it mince moment promptly of purchases.

"FRANK J. PRIMROSE. "READ THE NOTICE AND AGREEMENT ON BACK OF THIS BLANK.

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Upon the back of the message was the following printed

matter:

"ALL MESSAGES TAKEN BY THIS COMPANY ARE SUBJECT TO THE FOLLOWING TERMS:

"To guard against mistakes or delays, the sender of a message should order it REPEATED; that is, telegraphed back to the originating office for comparison. For this, one half the regular rate is charged in addition. It is agreed between the sender of the following message and this Company, that said Company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any UNREPEATED message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same; nor for mistakes or delays in the transmission or delivery, or for non-delivery of any REPEATED message,

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