Stuard v. Western Union Telegraph Co.

Mississippi Supreme Court
Stuard v. Western Union Telegraph Co., 106 Miss. 883 (Miss. 1914)
64 So. 835
Smith

Stuard v. Western Union Telegraph Co.

Opinion of the Court

Smith, C. J.,

delivered the' opinion of the court.

Appellee’s connection with this telegram is, at most, simply that of an undisclosed principal of the addressee, and such an undisclosed principal has no right of action against a telegraph company by reason of any damage sustained by him because of an error in the transmission and delivery of the telegram. The reason why no such *885right of action exists will be found fully set forth in Western Union Telegraph Co. v. Schriver, 141 Red. 538, 72 C. C. A. 596, 4 L. R. A. (N. S.) 678.

The rule here announced has not been modified by the use of the words “or the person injured” in section 1, ch. 76, of the Laws of 1908.

Affirmed.

Reference

Full Case Name
J. F. Stuard v. Western Union Telegraph Co.
Cited By
1 case
Status
Published
Syllabus
1. Telegbaph and Telephones. Errors in transmission. Damages. Laws 1908, chapter 76. An undisclosed principal of the addressee of a telegram has no right of action against a telegraph company by reason of any damage sustained by him because of an error in the transmission and delivery of such telegram. 2. Same. The rule here announced has not been modified by the use of the words “or the person injured” in section 1, chapter 76, Laws 1908.