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Western Union Tel. Co. v. Poston, 256 U.S. 662 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Western Union Tel. Co. v. Poston, 256 U.S. 662 (1921)
Western Union Telegraph Company v. Poston No. 293 Argued October 20, 1920 Decided June 6, 1921 256 U.S. 662
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF SOUTH CAROLINA
Syllabus
1. A telegraph company is not subject to a common law liability for negligent delay in the delivery of a message while its system was in the exclusive possession and control of the government and being operated by the Postmaster General pursuant to the Joint Resolution of July 16, 1918, c. 154, 40 Stat. 904, and the Proclamation of July 22, 1918, 40 Stat. 1807. P. 664. Missouri Pacific R. Co. v. Ault, ante,554.
2. The provision of the proclamation for continuing operation of the telegraph systems through their officers and employees in the names of their respective companies, subject to the orders of the Postmaster General, did not make the companies the operating agents of the United States, and so render them liable for such negligence, nor did the Postmaster General’s Order of like effect, dated August 1, 1918. P. 665.
3. The contract of October 9, 1918, between the Postmaster General and the petitioner did not make the company liable for negligence under government operation, but merely provided indemnity. P. 666.
4. Omission of Congress to provide a remedy against the government in such cases would afford no ground for holding the telegraph company liable. P. 667.
107 S.E. 516 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Western Union Tel. Co. v. Poston, 256 U.S. 662 (1921) in 256 U.S. 662 256 U.S. 663. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=EJ4JFL64TZ1C4A9.
MLA: U.S. Supreme Court. "Syllabus." Western Union Tel. Co. v. Poston, 256 U.S. 662 (1921), in 256 U.S. 662, page 256 U.S. 663. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EJ4JFL64TZ1C4A9.
Harvard: U.S. Supreme Court, 'Syllabus' in Western Union Tel. Co. v. Poston, 256 U.S. 662 (1921). cited in 1921, 256 U.S. 662, pp.256 U.S. 663. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=EJ4JFL64TZ1C4A9.
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