The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-29
COSTLY LETTER "R."
q Secures Baker q Verdict
Against Western Union.
<,sE POINTS OF LAW INVOLVED.
csminal Cases on Trial-Batch OF Di.
vorces-yinegar Makers Debts
to Their Wives.
<,se POINTS OF LAW INVOLVED.

-. insertion OF the letter s.r,' in tha
-sr.s az H ". Baker promises to cost the
G~ssrn Union Telegraph Company about
- In the suit brought by Baker 10
rscrsr E.lse. loss caused by the delivery
= dssUascn 10 Absam Barker, q Jury In
- tinted States court yesterday return
Iavwdiot for plaintiff for $, s4l 81. after
ss,;berasing about an hour. The case
-. brrun Thursday before Judge Han
- and was closed at about 4 O'Clock
yesterday afternoon.
1udxs Hanford Instructed the jury that
+. seIexsaph company was charged with
= duty Of exercising a high degree OF
care as to prornptness and that any neg
~ entitled the parties injured TO dam
go The defendant was not responsible
a. any wrong committed by another coro-
.~rv u S4le two were not associated. ana
vas the duty Of the jury to .determine
~Asther the error was made before the
.esnxe mas received by the Western
rulon. The company. said the court. was
pakse for any error committed by ia
sx,nsa but was not liable beyond chat
a.kerS MEASURE Of damage waz sf,e
s.rsn< he would have reaaizesi RAD he
snceusea the cabled offer, less the azrornr
= ssresved-
m evidence sa the case disclosed that
sessr consigned the shap w II. IAnooln.
tsded win lumber. 20 b. Singer & Co,
eydrey. Australia. upon a contract 60 do
= made by telegram. On Se{sexnter- q
naker sent a cable asking the oonsistson
n he market On October Singer car,lesa
~susr pounds. C. 4. Z. (costs. INSURANCE.
frs1i1), per thousand market dull: adj
vke accept"
MS was addressed at Sydney Baker"
~; or delivery here read 'TBarluer," and
Gas delivered to Abram Barker, at tn,
Herehanss National sarsl<. and remained
fAe<e week. while Barker WAS on a fish
hx trsp. Upon his return 1t was for tins
fxt tine delivered 20 Baker.
IL the meantime the market had gone
dcxn 10 such a degree that $1,000 was the
shuie amount obtained for the cargo.
whereas. as Baker consensfsf, had he
sssa given tfse opportunity TO accspt the
erer. he would have realized the amount
Tor which ne brought suit.
The defense moved for a non-salit on
fbs ground that the terms OF the sels-
graph blank especially exempted the COM
Parry from any damages either for mis-
fzke or delay. and also as the error was
made IN Australia by a connecting line
% responsibility could attach, Y,az-5ai-
hriY a. the cablegram was addressed
Barker" and was actually deliyered 10
Baker" Mr. Lewis. for Baker. insist
u thak conditions in a telegraphic sness-
ga exemrsfng the company for losses.
could Only apply TO a sender. not 90 ono
receiving the cable: also sa1At though the
eErur was made in Australia, the West
ern Urkon was liable. as IL contracted
with sfse Australian Company as its
szeEs. and that the mere fact thar tfle
message was addressed Barker" could
not excuse the failure to deliver 10
Baker. where the contents OF the message
could show ft was for tfrs commission
merchant The ron-sutt was refused
The case WILL probably be appeafed