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WESTERN UNION TELEGRAPH CO. v. ABBOTT SUPPLY CO.

74 A.2d 77 (1950)

WESTERN UNION TELEGRAPH CO. v. ABBOTT SUPPLY CO.

Supreme Court of Delaware.

May 26, 1950.

Attorney(s) appearing for the Case

Clarence A. Southerland, James L. Latchum, of Southerland, Berl & Potter, all of Wilmington, Caleb M. Wright, Georgetown, John H. Waters, New York City, for defendant below, plaintiff in error.

James M. Tunnell, Jr., of Tunnell & Tunnell, Georgetown, for plaintiff below, defendant in error.

No. 2, February Session, 1949.

HARRINGTON, Chancellor, RICHARDS, C. J., TERRY and CAREY, JJ., SEITZ, Vice Chancellor, sitting.

SEITZ, Vice Chancellor.

This case requires the Court to determine under which clause of the telegraph company's tariff its liability is here fixed. The parties will be designated as they appeared in the trial court.

Plaintiff brought suit to recover damages occasioned by the defendant's delay in sending a telegram. The message was delivered to the defendant's agent in Georgetown, Delaware, who relayed it to Dover, Delaware. The Dover office failed to transmit...

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