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PRIMROSE v. WESTERN UNION TELEGRAPH

No. 59.

154 U.S. 1 (1894)

PRIMROSE v. WESTERN UNION TELEGRAPH COMPANY.

Supreme Court of United States.

Decided May 26, 1894.

Attorney(s) appearing for the Case

Mr. Joseph de F. Junkin, (with whom was Mr. George Junkin on the brief,) for plaintiff in error.

Mr. Silas W. Pettitt and Mr. John H. Dillon for defendant in error. Mr. George H. Fearons and Mr. Rush Taggart were on their brief.

MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.

This was an action by the sender of a telegraphic message against the telegraph company to recover damages for a mistake in the transmission of the message, which was in cipher, intelligible only to the sender and to his own agent, to whom it was addressed. The plaintiff paid the usual rate for this message, and did not pay for a repetition or insurance...

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