Simpson v. Western Union Telegraph Co.
Simpson v. Western Union Telegraph Co.
Opinion of the Court
The opinion of the Court was delivered by
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The plaintiff claims that the message was written on the blank without her authority, and as she knew nothing of the stipulation she is not bound. The only question that arises is: For whom was Miss Dean agent when she wrote the message on the blank, which contained the stipulation. If Miss Dean was the agent of the plaintiff in writing the message on the telegraph blank, then as there is no question that Miss Dean knew of the stipulation and the knowledge of the agent is imputed to the principal, the plaintiff is bound by the stipulation. Miss Dean was not on duty when she received the message at her boarding house. She testified, and it is not disputed, that she could not, under the rules of *396 the company, receive a message that was not on the company’s blanks.
The plaintiff introduced in evidence the message written on the blank as the basis of her action. If the plaintiff had relied upon the verbal message over the phone, a different question might have arisen. She did not do that. She adopted the message written by Miss Dean on the company’s blank. This is in no way in conflict with Mims v. Telegraph Co., 82 S. C. 250, 64 S. E. 236. In that case we find:
“The telegraph company may ordinarily require assent to this or any other reasonable regulation, by requiring the sender, when capable of doing so, to write the message on its blank, or by any other reasonable requirement.”
Appellant claims that this 60-day stipulation is not reasonable or lawful, as it is in conflict with the statute of limi-. tation. It has been decided, if a decision is necessary, that it in no way conflicts with the statute of limitation. It merely says: Notify us while the facts are fresh in our minds, so that we may be able to secure reliable evidence. It does not say when suit shall be brought.
The judgment is affirmed.
Reference
- Status
- Published
- Syllabus
- 1. Telegraphs asd Telephones — Regulation and Operation — Delay in Sending Message. — Where plaintiff by telephone requested the agent of defendant telegraph company while off duty to send a message, and the agent transcribed the message on a blank containing a stipulation for notice of default in transmission of message within 60 days, of which plaintiff did not know, but which plaintiff introduced in evidence as the basis of her action, she adopted the message written on the company’s blank, and was bound by the stipulation. 2. TELEGRAPHS AND TELEPHONES — REGULATION—STIPULATION—STATUTE op Limitation. — A stipulation in a telegraph blank providing for notice to the company within 60 days of failure to deliver a message does not conflict with the statute of limitation, as it does not say when suit shall be brought.