The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-28
IMPORTANT TO TELEGRAPH COMPANIES


Thetr Liability for the Correct Trans
mission or Messages.
COURT OF COMMON PLEAs-GENERAL TERN.
Before Judges DAILY, Brady and Cardozo.
Au0ustus H. Lockwood The Independent Line Of TsIe
orapA-Tnis liz appeal from tried at the trial
term Of the Court OF Common Pleas before Judge Daily
and jury, in November, 1885. According TO the
plant. Mr. lockwood, manufacturer Of straw goods
and commission merchant Of this city, sent to the Office
of the Independent Line OF Telegraph the 18th OF
January, 1884 the following message
To 5 s y. D'dham Mass 81 seTTg Bnda
For this message Mr. Lockwood paid forty cents,
che understanding that would be written and
directed Instead of this being done the plaintiff claims
the following very different message was telegraphed
and delivered to Mr. Bascom -. ,o..
Tot. J; BAscox, Dedham, Mass,-Keep sewing pedal
In consequence of this mistake in the transmission Of
The message Bascom who in the plaintiffs employ
inaeeS ss se"e AS pieces Of ads
into Questionable and unstable shapes, by which Mr.
Lockwood was greatly damaged both in custom and in
expense incurred procuring other stock suitable for
his trade; wherefore he claimed 81 500 damages, and
on the case bong given to the jury verdict was rem
dered in his favor for 81 004 IS.
Before the rendering of this verdict, and after the
plaintiff rested his case the counsel for defendant moved
to dismiss the complaint, max ing the following points,
Fbst-rhat Lo kwood cannot recover against the de-
PENDANT for the work and labor performed by Bascom
ter the receipt by HIM of the message. Overruled.
Second-That If the plaintiff is entitled to recover at
ali he can cover only for the DANA arising from in
jury to his material in the hands of Bascom Overrued
Third-That Lockwood's payment to Bascom for the
work and labor per ormed would not give Lockwood a
right to from the defendant the amount so paid.
Oveuued the Court deciding that plaintiff by such pay
en would acquire the equitable right Of the
de endant amount equal to that for which the defend
sant would have been responsible to Bascom.
fHnrh-That the plaintiff only the amount
Ss he paid for sending the message because by vol
10 settling with Bascom, and receiving the property
from him, IL.
After tho defendant res MS or them 10 mass nnoH
the jury that the only quest. plaintiff has
whe, unS a tine amount soSd be sss y,
To this direction defendants counsel a. NAT p' ibe
and requested the Court to charge the jury:-1
despatch delivered Basc0m not the plaintiffs des
PATCH and conveyed no direction authority from the
plaintiff 70 Bascom to do ANYTHING whateyS Tho
counsel duly excepted q That the plaintiff
at perfect liberty to reject the property
manufactured by Bascom, and there was
legal obligation resting upon him to pay for the work
done upon it, Tho Court refused to charge and de-
fendant's counsel duly excepted. g. That the plain
tin having voluntarily accepted the property its in
jured condition. and paid Bascom for doing the work
upon 1t which the plaintiff had not authorized he can
paid by him for sending the despatch The Court refused
so TO charge and the defendants counsel duly excepted
L. That the plaintiff entitled to recover damages In
this action the jury should allow him anything
account Of the money paid by him 10 Bascom for manu-
refused 80 to charge and the DEFENDANTS counsel
duly excepted. s. That the jury are to determine
unto the forms and shapes In which 1t was manu-
featured was caused bv the error OF the defendant
in sending the message The Court 30 charged
II the jury of the opinion that the sowing OF the
braid into the shapes mentioned was in part occasoned
by the negligent acts OF the plaintiff or his agent they
Ought 70 verdict for the defendant The Court 80
charged T. That the jury to nnd verdict only for
such portion Of the loss damage sustained by tho
plaintiff directly follows from or was caused by the
error of the defendant The Court SO charged
Al the argument yesterday Mr. Edward Fitch appeared
for the Telegraph Company and Mr. 4. Brown Tor. Mr.
Lockwood
Mr. Fitch took the ground that the Court erred, first
In charging that the only question to upon was the
amount OF damages sustained by plaintiff, whether $750
04 u.s. thus taking from the jury the considers.
tion OF all the other questions involved in the CASE Sec
ond In refusing TO CHARGE requested by defendant
counsel that the despatch delivered to Bascom was not
the plaintiffs despatch and conveyed no direction or
authority from plaintiff Bascom 10 do anything what
ever; and third, in refusing TO charge that the plaintiff
perfect liberty reject the property manufac
tured by Bascom and that there legal obligation
resting upon him 10 pay for the work done upon It,
disagreement having occurred during the argument
certain parts Of Judge Days charge to the jury the
ordered be rcsettled by consent rs to
present the points clear manner before the court