Pegram v. Western Union Telegraph Co. ( 1888 )

IVIemiimoN, J.,

(after stating the facts). A brief 'reference to the nature, and purpose of the defendant’s employment will serve to throw light upon the plaintiff’s cause of action, and the extent of damages to which he is entitled. It is a corporation, invested with powers, and has functions appropriate in kind and extent, to effectuate and facilitate the transmission of intelligence from one place to another, by means of electricity. The chief instrumentality it employs for its purposes is a machine, apparatus or contrivance, styled the electric telegraph, or electro magnetic telegraph, an instrument that conveys intelligence with the velocity of lightning, by means of signals, certain mechanical movements, or sounds representing letters, words, ideas, or expressions, produced by the application of electricity — electric fluid — conducted through and along iron wires for any distance, long or short.

The business of the defendant ordinarily is, to employ its telegraph, for the use, benefit, advantage and convenience of the public — all persons who desire to take benefit of it in the transmission of intelligence that may be lawfully transmitted, upon the payment of reasonable compensation. In other wordstyts business is, by such means and appliances, .■simply to transmit intelligence — what one or more persons ■desiielmd intend to say or commuicate to another or other persons afa distance — delivered to it for transmission in the ■shape of messagisfclispatehes, telegrams, or communications, usually and properly in writing. Its office and undertaking are to transmit promptly, as directed, in the message to be sent, precisely what is said and expressed therein — that is, to transmit, by such signals in the way indicated above, the exact words, in their proper order and connection, as set down in the message. In the absence of special agreement, it undertakes to do, and has authority from the sender of the message, to do no more.

Generally, when it receives the message, it agrees, in terms, or by implication,to so send it, and has no other agency of the sender, or of the"person tó"whom~rTÍs sent. It has no authority oFagency of the person sending or to whom a message is sent, to make, modify, or alter at all, the terms or effect of an agreement or proposition to buy or sell anything contained in the message it receives to transmit, or has been transmited by it, or to bind a person sending or receiving such message. Its sole duty is to send the message, truly, and as promptly as may be, in the order of business. If it is negligent, and fails in this respect, the party injured by such neglect will have his cause of action against it, and may recover such damages as he has sustained.

Now, it appears that the defendant received from the plaintiff, and undertook, for compensation paid, to transmit for him, as directed, this message: “Party offers 100 shares C. C. & A. stock at forty-three. Answer quick.”

It sent only a part of this message — it negligently omitted to transmit the word “three” at the end of the word “forty,” thus materially changing the proposition to sell, and misinforming and misleading the party to whom it was sent, and causing the latter to send a message in reply that misled the plaintiff. I

Such neglect created the plaintiff's cause of action, alleged in the complaint, and he is clearly entitled to recover at least nominal damages, and such substantial damages as he has sustained; that is, such as in the course of things were naturally the proximate consequence of the wrong complained of — such as the parties may have fairly contemplated by their. contract, in case of a breach thereof; but not.such as-may have been the consequence of secondary and remote causes, indirectly "growing oulTof sucHbreacii.

Thus, if the plaintiff, in consequence of the message received by him in reply to his, falsely transmitted by the defendant to the brokers in Richmond, purchased the stock referred to, and failed to realize for it what it cost him, and reasonable compensation for his labor and trouble about it, he might l’ecover the amount so lost and such compensation, and also the sum he paid for transmitting the message.

Rut he could not recover damages for any injury .sustained by the persons — the brokers — to whom his- message-JKas ffl.Tsf.ly transmitted, by reason thereof because the injury done to them was no_t_a,n_iniury to^him. He had no cause of action on that account; they had, if they so sustained injury.

Nor -was the plaintiff liable to the brokers foivanv such in-__ (.jury sustained by them, or on account of the breach of any j contract with them^.jmeatedNay_the message as transmitted. ^ because he did not send, or direct the defendant to transmit, I the m^n’ufníLtr.an^NfiM^IeMiR~ircrt--offer:~ór 'ái:ree. to sell ■ to the brokers the stock at “forty” — they had no contract ^with him.

As we have seen, the defendant had no agency or authority of the plaintiff to change or modhy, in terms, the message he delivered to it to be transmitted to the brokers named. It transmitted the false message to them in its own wrong, and it alone was answerable to them for any injury they sustained thereby — the plaintiff had done them no injury— the defendant may have done so, in delivering, to them the false message, upon which they may have acted to their detriment. If they did not, they could not have recovered substantial damages. West. U. T. Co. v. Hall, 124 U. S., 444.

_ But it is earnestly contended by the plaintiff, that the brokers named brought tEeírTfction in a Court in the State oF~ yffgTma,TKving”against him, and recovered judgment for damages and costs, which he paid, on~" account of such falsely transmitted message to .them ;_tb.at the plaintiff notified the defendant tp^a.pp.eax-an.d.defend that action, and save him harmless, which it failed to dp. and_he is, therefore, entitled, in this action, to recoverjruch outlay on his part as damages.

We cannot so decide. We are unable to see how an action upon a contract, never, in fact, made, could be successfully prosecuted against the present plaintiff; and it is still more difficult to comprehend, how the damages he has sustained in such action, or any outlay of his therein, can he recovered by him in this action, there being, as we have seen, no privity between the plaintiff and defendant in that respect, and no" such relations subsisting as to give theformer cause for redress against the defendant, measured by the results of the action referred to, the only evidence of which was the transcript of the record thereof. Such evidence would be admissible, if am agent," in performing his principal's orders, should incur a personal responsibility and loss, and seek indemnity therefor against the latter, on the ground of their relations. In such case, if the principal had notice of the action, its result would be conclusive as to the extent of the damage. But this is a very different case from one of that nature.

“ was not answerable to the plaintiffs in the action just referred to for injuries -they-sustairted by the negligence of the present defendant,-nor was.the latter''answerable therefor to the plaintiff in this action in any aspect“df their relations. Hare v. Grant, 77 N. C., 203; Leak v. Covington, 99 N. C., 559.

As the defendant was not answerable to the plaintiff for any injury the brokers named sustained, by reason of the false message transmittecTto them byTt¡'thWpIaíhiiff cannot recover from the defendant, as damages in this action, gny sumtEebrokers may have, for any cause, recovered from the plaintiff. ' ``

There is no error, and the judgment must be affirmed.

No error. Affirmed.