73 Ga. 285 | Ga. | 1885
This is an action brought by a ship broker in Savannah against the 'Western Union Telegraph Company for unreasonable delay in delivering a cablegram, whereby the broker was damaged the loss of his commissions from a contractor to take his ship, the time given the broker having expired and his customer having taken another ship by reason of the delay of the company in delivering the cablegram. No question is made on any error in the transmission to Savannah or delay in reaching that city; but delay in the failure to deliver to the broker after it reached Savannah, is the ground for recovery and the issue in the case.
In the view we take of the question, it becomes unnecessary to examine closely these numerous cases, which are somewhat variant in shades of opinion and diverse in conclusions reached, because we think that the case of The Western Union Telegraph Co. vs. Blanchard, Williams & Co., 68th Ga., 299, gives the views of this court on the point so fully in principle as to settle it in this state. There a telegram was in these words: “ Cover two hun
Besides, whether valuable or not, it is the contract to deliver the message in a reasonable time, and the judge of the city court, at once learned and cautious, charged the jury only to that effect, and put the issue of delivering in a reasonable time fairly and clearly before that body. Whilst the duties of the telegraph company are similar to those of ordinary common carriers, and so much so as to make it proper to call them, and in many respects treat them, as quasi common carriers, yet as- their charges are based on number of words, and not on weight as carriers of ordinary freight, or on value, as express companies, the rule of liability should not be the same, as respects notice or no notice, of the value of the dispatch. That word “ dispatch ” is the very core of the body of such a company, whether it be called carrier or bailee, or any other name. People write messages by them, and not by the slower mails, because they are in need of haste. Business, or family necessity, sickness or death, make dispatch, in this mode of conveyance, the very consideration on which they use it, on which
Besides, if a cipher, or unintelligible communication, might be rejected by them, or put on terms by special contract, and if, in this sense, they may not be common carriers of everything, yet, when they undertake to carry it, and receive message and money in consideration of the one to deliver the other, ought it ’ not to be done ? Of course it ought. When ? Of course, within a reasonable time. Where ? Just where the man, who pays for the delivery, expects to get it, and where they agreed to deliver it, and showed, in this case, that they did so agree by delivering it at the broker’s office, though too late.
Judgment affirmed.