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WESTERN UNION TEL. CO. v. POSTON

No. 293.

256 U.S. 662 (1921)

WESTERN UNION TELEGRAPH COMPANY v. POSTON.

Supreme Court of United States.

Decided June 6, 1921.

Attorney(s) appearing for the Case

Mr. Rush Taggart and Mr. Francis R. Stark, with whom Mr. P.A. Willcox, Mr. F.L. Willcox and Mr. Henry E. Davis were on the brief, for petitioner.

Mr. Philip H. Arrowsmith, with whom Mr. Alva M. Lumpkin was on the brief, for respondent.

The Solicitor General filed a brief on behalf of the United States.

Mr. Wm. M. Silverman and Mr. Joseph P. Tolins, by leave of court, filed a brief as amici curiae.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

The Supreme Court of South Carolina (107 S.E. Rep. 516) affirmed a judgment of the trial court against the Western Union Telegraph Company for damages resulting from negligent delay in delivering an intrastate message sent October 2, 1918. Its telegraph system was at that time in the exclusive possession and control of the Government and was being operated by the Postmaster General pursuant to the joint resolution...

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