Western Union Telegraph Co. v. Patrick
Western Union Telegraph Co. v. Patrick
Opinion of the Court
In this case the sender of a telegraphic message recovered against the telegraph company the statutory penalty for failure to deliver with due diligence. It appears from the evidence that he gave the wrong address to the company. The message was directed to “ Col. O. M. Bergstrom, 47 S. Pryor St., Atlanta, Ga.”; but the person for whom it was intended did not stay at that number and could not be found there, and it does not appear that, he was known or had ever before been called by the title of “ Colonel.” He was a young man living with his father at another number on S. Pryor street and employed as a bookkeeper by a firm doing business on that street. Nothing was known of him at the telegraph office, and according to his own testimony he had never before received a telegraphic message. The name O. M. Bergstrom did not appear in the city directory. The name given the sendee in the directory was Magnus Bergstrom, and he was generally called by that name. At No. 47 S. Pryór street, (which was the city police station), they refused to receive the message, and no one there knew of such a person as O. M. Bergstrom. Inquiries were made at the jail to ascertain if there was a person of that name among the prisoners, the city directory was consulted, other places in the neighborhood of number 47 were visited, notice was posted, and another messenger was sent out to continue the search. Finally the sendee was found by inquiring of another person of the same surname, who on reading the message said it was intended for his son. It does not appear that there was
Under tbis state of facts, we do not think tbe plaintiff was entitled to recover. Tbe taking of a message to the place designated 'therein, it is true, does not necessarily absolve tbe telegraph company from making any further effort to- find tbe sendee, if be cannot be found at tbat place. (Gray, Teleg. §23.) If a wrong address is given and tbe company knows or can readily ascertain tbe proper address or where tbe sendee can be found, reasonable efforts must be made to find him and deliver tbe message. But before a recovery can be bad by one who has given a wrong address, be must show tbat bis giving tbe wrong address was not tbe cause of the delay. "Where tbe sender has acted in a manner calculated to mislead the company and delay tbe delivery of tbe message, there can be no presumption tbat tbe delay is the fault of tbe company rather than of tbe sender. In tbis case there is no showing tbat tbe company knew tbe right address ; according to tbe evidence it did not. Ought it to have found tbe right address sooner than it did ? The evidence fails to show want of diligence in tbis respect; on the contrary, tbe company appears to have exercised all tbe diligence tbat could reasonably be expected of it. It is true the proper address might have been ascertained sooner than it was, if tbe means which finally proved successful bad been sooner adopted; but it does not follow tbat tbe
Judgment reversed.
Reference
- Full Case Name
- The Western Union Telegraph Company v. Patrick
- Cited By
- 2 cases
- Status
- Published