Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-07-13
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are Of Interest to
Our People.
/. DIGESTED BY W. B. MARTIN.
Exclusively for virginian- Pllot.)
DowDy v. WESTERN U. TEL. CO.

IHOHlZlNG HAlLROAD OPE1tA-
TORS TO RECEIVE MESSAGES IN
THD NIGHT, AND THE CHARGES
THEREOF, IS LIABLE FOR MEN
TAIL ANGUISH CAUSED BY Al
FAILURE TO DELIVER A MES
SAGE SO RECEIVED DURING THE
NIGHT. THOUGH 1T CUSTOMARY
lily DID NOT DELIVER SUCH
MESSAGE UNTIL AFTER THE AR
RIVAL OF IT'S OWN AGENTS THE
NEXT MORNING.
This action was brought to recover
damages for mental anguish alleged to
have been suffered by the plaintiffs on
account OF the alleged negligent failure
OF the defendant to deliver a certain
Geographic dispatch sent by the feme
plaintiff to the male plaintiff her
husband. In the wife's telegram she
informed the husband that their child
was very sick, and requested him to
come home at once. The wife was at
Sanford and the husband at Aberdeen,
both places being on the Augusta Air
Line railroad. The defense of the de-
PENDANT as set uo In their answer was
that the message was not delivered to
their agent ut Sanford. nor transmitted
to their agent at Aberdeen, but was
delivered for transmission to the night
OpCtatOi VI luC soeu DOdTu AIT Line SXS-
tenn of railroad at Sanford, and was
received by the night operator OF the
same railroad company at Aberdeen;
and that UPON the delivery of the telc-
gram to the defendants agent at Abcr-
deem. when he went on duty the next
morning. at o'clock. by the night
operator of the railroad company, il
was promptly delivered to the sender
the male plaintiff
There was Judgment for plaintiff
and the telegraph company appealed
The court says:
The defendants contentious were that
the defendant company had the right
to establish reasonable rules for tho
regulation of it's business, and in the
exercise OF that right, that they had
made rule that their office at Aber-
deen and Sanford should be closed for
public business each day from D. M
to Z n M: that, the Office hours for
business at Sanford, when the telegram
was delivered there to the night opera
tor or the railroad company, having
been over, the defendant could not be
held liable for any neglect on the part
or the railroad operators at either San
ford or Aberdeen as to the delivery of
the telegram to the male plaintiff: that.
even II the person who received the
telegram at Sanford had been the agent
of the defendant. he had. no right o.
authority to receive it contrary to the
RUE or the company closing the office
at D. M; and that, even IL the agent
of the defendant at Sanford hid re-
ceived the telegram, either before or
AFTER the office hours, at that point md
had transmitted 1t to the agent at Aber
deen after the close OF business there
the defendant would not be liable for
the failure of the agent at Aberdeen IN
deliver 1t to the sendee unless he Ind
tailed to deliver 1t within n reasonable
time after the opening of the office for
business on the morning of the ODD.
Ihese contentious OF The defendant
We're the subject matter, In various
forms. Of those of its special PRAYERS
for instructions, which his honor re9
FUSED to give. His honor's view of the
case las Is seen in his charge to the
Jury, was that, upon the Testimony of
The defendants witnesses, the person
VINO received the telegram at Sanford
ana the one who received 1t at Aber-
ueen Notwithstanding that they were In
me employment of the railroad com
Pany Tor receiving and transmitting of
railroad business dispatches were also
inc agents of the defendant: and Wo
tnlnk his view the right one. Those
.'sht GENERATORS were in the offices OF
-, liz uelenuant' and were using their
wires ana their Instruments The offices
were not closed in fact, but onon ana
the persons who were in charge were
Receiving messages, and making IT,,
usual charges therefor. The defendant
company cannot keen it's Offices omen.
stnu receive messages for pay, and then.
~hen negligent delay in the dclIverv
service occurs. screen itself by sovIno
mat the persons who are i'm its places
OIL business. take the messages. and re-
celVe payment therefor, are not Ire
agents. -o' IT'S
johnson. the night operator at Abar-
oeen. who received the massacre fron,
III. I'm
such messages he made memoranda an
thein AT the time of their recent ar
corolng to rules, and hung them on the
nook for the agent Of the companv nov,
lnorning. What rules did he refer too
e.,.aIniy inc railroad authorities had
~, III 10 90 with business other than
.nttl when concerned railroad tronsoc-
LIONS: me rules must have been frr H.
oeheht or the defendant componv ond
" heeo accounts and checks between
ana on the agents at the difrerent st,
lois t,ons' VINO were receiving and transmit
c ohS .e'eS rams and receiving the
charges therefor. Agency Is mo,.ar
OF law. purely. when the facts orc 49,,
9lspnted' The facts in this case ne r.
now this telegram was received on1
transmitted are undisputed. ana tha,,
III law, in our opinion. constitute ~.
person IN the Office a Sanford. to whnn,
ne inessaee was delivered for trans
mission. and the one IN tba onioa
sAnerceen. who received it, AGENTS of the
uelehdant: and that was the view his
nonor took of the matter and there
wa, was no error in the manner in when
re submitted the case TO the iurv.
ia' LII INC view we have taken of the
the Office of the defendant et Abem5oa ~
ut, The high character or the G. O. TAYLOR