The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-08-01

tied charges, as the latter are pound 10
transport goods for those who seek
their services upon similar terms, and
doubtless the same rules for securing
impartiality would apply to both; e1-
cept as modified by statute. (See sec-
lion 10 of chapter 20 above cited.) But
beyond this, as relates to the actual
transportation of goods in the one case
and the transmission of ideas in the
other, there Is, in the nature of things,
and the different means and agencies
employed, but very little substantial
resemblance; and any analogy must be
more fanciful than real, and likely to
| lead to error and injustice. This Is not
case which calls upon US for laying
\ down the rules which must be held to
govern as to the degree of skill, care
and diligence to be required in the
| transmission OF messages, but doubt
| less the use of good apparatus and in
struments would be required, and rea-
sonable skill, and high, perhaps the
highest degree of care and diligence in
their operators; and when an error has
occurred In the transmission OF mes
sage it may be found that they ought to
be held TlTiHnd Jdcie guilty of neg
| ligence, the onus OF proof resting upon
them to show diligence, the means for
doing this being peculiarly within their
knowledge and power
But It would be extremely unjust,
and considering the small amount OF
compensation for sending message
would effectually put an end to this
method OF correspondence to hold them
absolutely liable as Insurers for the
entire correctness of all messages trans
miIIed, or to hold them responsible for
all damages which might accrue from
an error, especially when only IA single
| transmission without repeating il re-
lied upon or paid tori or TO deny them
all power by rules, regulations or no.
tees, and to limit their liability even in
the case of repeated messages; and 1t
would be equally unreasonable to re-
Quire them TO repeat a message when
they are paid only for Il single trans
mission. And while in settled weather,
or when the normal condition or opera
ton OF the electrical currents is not af-
fected by any temporary or local dis
turbance, single transmission by n
skillfuI operator may be relied upon as
general rule, aud for matters of COM
pHraIIvely small importance, yet u
must be well known TO most men III
not to all who have such a degree of in
telligence as to be likely TO resort to
this mode OF correspondence that the
electrical state of the atmosphere ts
liable to sudden and violent changes,
extending over areas OF greater or less
extent, which cannot be foreseen or
guarded against, and which materially
affect the CurreCts transmitted from Il
DdIIeTY tue "llGaY anu AOA a 1ALAO
render the operation of the instruments
uncertain and unreliable; that these
disturbances often affect distant por-
tions OF the line or ofa connecting line,
while their influence may be scarcely
felt, or not felt at all, at the station from
which a message is sent, and that there
fore to ensure entire aud uniform cor
reCtness the only safe method is TO have
the message verified by repeating II
back to the station from which 1t was
sent.
The regulation, therefore, of most, If
not all telegraph companies operating
extensive lines allowing messages 10 De
sent by single transmission for lower
rate OF charge, and requiring larger
compensation when repeated, must be
considered rs highly reasonable. giving
to their customers the option of either
mode, according to the importance of
the message, or any other circumstance
which may affect the question. -.-
and as the compensation ought al
ways to be in proportion to the risk as
sumed, the provision in their resula-
tions in reference TO insurance must be
regarded also as just and reasonable.
As the statute of this State (and of
other States, so far as we have exam
ined them), requires them TO receive
dispatches from and for other telegraph
lines, and to transmit, etc., it is but rea-
sonable, when the same message is TO
pass over the lines of more than one
company, that each should be RESPONSE
BILE only for the errors occurring on its
own line; and the receipt of the money
by the company first trans uniting the
message, as the agent of the other lines.
is much more for the convenience of
the person sending the message than for
that of the company.
Such being the reasonable and settled
rules, regulations and usage of this
think for the
plaintiff, before sending his message,
10 acquaint himself with those rules,
regulations and usages, and the terms
upon which messages would be sent,
and in the absence of any special in
quiry by him upon the subject the
natural inference would seem to be,
either that he already knew and as
sented to such rules, regulations or
usaRes. or that he Intended 10 assent to
them whatever they might be.
But to give all who should wish to
send messages full information upon
these matters in an authentic and relia-
BILE form, which could not so we'll be
done verbally by special explanations
to each applicant, this company has
very properly printed their rules and
regulations upon the very paper upon
which each message Is to be written;
and upon the very face of this paper,
Immediately preceding the blank space
upon which he message Is to be writ
ten, is the printed request to sent the
message "subJect to above conditions
and agreement endorsed on back" The
signature ofthe message becomes also
an adoption ofand signature TO this re-
quest. The party sending the message
nils up and signs the printed blank;
and in form, at least, 1t is as much his
contract as IL he had written the whole
printed conditions, or a contract in
which they were inserted with his own
hand. rar H- ~ 9-tr- l' .af
This printed matter on the face OF the
paper could hardly escape the atten-
ton of any one not naturally or pur-
posely blind, who should write a mes
sage upon the paper, he must at least
now that there Is some printed matter
on the face Of the paper, and he must
now be held TO know that 1t has been
placed there for some purpose connect.
ed with the message. II is therefore no
excuse for him to say he did not read
this printed matter before his eyes. II
was gross carelessness on his part II he
did not. 'A
The printed blank before the message
was written upon It, was general pro-
position to all persons, of the terms
and conditions upon which messages
would be sent. By writing the mes
sage under it, signing and delivering IL
for Transmission, the plaintiff below
accepted the proposition, and 1t be-
came a contract upon those terms and
conditions. Breese Us. United States
Telegraph Company, 43 Barb, 274, a
parallel case in all material respects,
with the reasoning OF which we are
fully satisfied. See also Lewis Us.
Great Western Railway Company, 8 II.
& H, s87; Bryant Us. Telegraph Com
pRny, 80 Eng. L. 81 Eq. R., $50.