The times. [volume] (Richmond, Va.) 1890-1903, 1891-02-06
TIE WESTERN UNION LOSE.
DECISION OF THE CIRCUIT
COURT AFFIRMED.
Judge LewI. Rendered. Yesterday. an

per compsn for Damages Caused by
Duplicate Telegram.
In the Supreme Court OF Appeals yester-
day an opinion was banded down In the
case of the Western Union Telegraph Com
pany against the Virginia Paper Company
of this city. The opinion was rendered by
Judge Lewis, and was co.curred in by
Judges Fauntlcroy. Richardson, and
Hinton, Judge Lacy dissenting.
This was an action OF trespass on the
case from the City Circuit Court. wherein
the paper company was plaintiff and the
telegraph company defendant. Action
was brought 90 recover damages for loss re-
sulting IRON the negligence ol TIE de
feld ID IN sending from its Richmond /
office AID caCsiug 90 bee delivered 90 the |
plaintiff message, which wa-. m fact, /
duplicate but when The plaintiff received /
ana acted upon ar an original message.
The record shows that during ihe time !
covered gt the evidence, the plainini was O. /
member II fhe Union Strawboard COM |
pound A-.O iation which was IN session al
Toledo. Ohio, ON The l3tn and IAN of Feb |
ruay. 1881. AT This meeting the question
90 - ices 0u siraWu0ald was taken up and
] H
10 WAS the outy Of The General Manager,
James l. Hives. 90 Immediately notify by
| telcaram The members and agents OF the
Association throughout the country oi ai
! change, iu prices.
TELEGRAM SENT.
! Accordingly. Oh toe 18Th OF February
/ n .lo- sent o. the plaintiff, through ih' de-
| lndauf. TIE following telegram: "Fnce~
advanced to $40; takes effect immediately
! ih, mt~-a-. was crifcd at tDe cslem
Union office after midnight of that day, and
Aas delivered to- the paper company on lhr
morning ot the lllh. All o'clock i. VI. ~
the same day the plainiln received second
message from Hayes, dated the lith' when
Us in these words.
dissolution advancing prices rcsclnded
Price. remain ms before" About midnight
of thc same day there was sent 10 the resi-
dcucc Of Mr.. Montague. president ~ thr
pauer company. from the Aestern mon
office. what vurp0rted To be tnifd message
. tue BODY of which WAS am exact Quplcdlt
of the first MESSAGE above mentioned.
This message instead Of being an orisi-
nal WAS duplicate OF tine first and was
, sent by mistake.
sUrr0oEDT TO BE ORIGINAL.
The president If The paper company
supposed this 10 Doe gu original me-,dse'
ana being aware l'i lne ''i" w "."i gay. ~ -
-0ciallon was ln session. ana Una. q, " "Il
discussing the matter OF prices conc i-a W
] chat prices bad been at first advanced lo so
n"f COB. then put back l." lhe oIu .-ui ~
iud theu again advanced 10 d.; Aeo''
in.'r. next days jhel adNdhc. tue Nv, W.
trtWho1ld ln TINS cliN I'd ~ "n1 " ',,'-
Nud itIu- I'D -t'' l'l 'I "'. 'l t,.it
which orUeI-. had they been hlied, W"ui"
have flr.l. thi paper c'I'p""! j" '''''''''
-lud@ SJp'.''' .c......i.
Ii Na- h', Nh"I ,'' '''l uas9 "'''' '"''
indi lA, error was e'-t'' '''l' .,,...i.
hr 'f'' mum ~" l', "l" W. .' ,', ,,i,'
,he "i'. from N'''h l.Dl'u" .'." " '',
. Nf'ir ihr." .''' .i.f "'i ',
- vance "H" ti7' I'd 'uc ','''' ", AMI ~,
"a surprised mat 'a,t oiu'l Ni' no. i'',, "
DO i1' '.1 u'N'e' "' ''ilii a". WI '.0li ~ w.
ibi- i'ilI .i'' l1t -,,i.l ID. ' ,,..'
p, Association i"I ah eNll"n"'Un VIC" D., !" ''
l,,, i ,,.,-t. il,
o. ]