TABLE OF STATUTES CITED IN OPINIONS. (A.) STATUTES OF THE UNITED STATES. 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, .74, 95 87 §§ 2966, 2969. 74 147 $2984. 77 392 § 2989. 75 456 §§ 4132, 4133, 4134. 151 §§ 2258, 2302, 2392. 2871.. 2954. 317, 333 1872, June 1, 17 Stat. 197, c. 255, 153 1879, June 30, 21 Stat. 43, c. 52.. 1884, June 3, 23 Stat. 35, c. 64.. 1887, Feb. 4, 24 Stat. 379, c. 104. 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.... 456 (B.) STATUTES OF THE STATES AND TERRITORIES. 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. "THOS. T. ECKERT, General Manager. President. "Receiver's No. Time Filed Check "Send the following message subject to the terms on back hereof, which are hereby agreed to. "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. 66 READ THE NOTICE AND AGREEMENT ON BACK OF THIS BLANK. 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, |