O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-5-148 (2019)

Territorial extent of telegraph company’s duty to deliver dispatches and messages

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Telegraph companies shall deliver all dispatches or messages to the persons to whom the same are addressed or to their agents, on payment of any charges due for the same, provided that such persons or agents reside within the city in which the station is located or, if the station is not located in a city, within one mile of the station.

History

(Ga. L. 1908, p. 94, § 2; Civil Code 1910, § 2813; Code 1933, § 104-207; Code 1981, § 46-5-146; Code 1981, § 46-5-148, enacted by Ga. L. 1983, p. 859, § 1.)

Annotations

Editor’s notes. - Former § 46-5-146 has been renumbered as this Code section. JUDICIAL DECISIONS Inference by jury from pleading. - Although it is not expressly stated in the evidence that the telegraphic station of the defendant company was located in the city at the time the message was sent, the jury might have inferred from the fact that the agent of the defendant company in another

city, the point from which the message was sent, received a message directed to the first mentioned city, that the station was then located within that city. Petty v. Western Union Tel. Co., 138 Ga. 314, 75 S.E. 152 (1912).

RESEARCH REFERENCES Am. Jur. 2d. - 74 Am. Jur. 2d, Telecommunications, §§ 69, 70.

C.J.S. - 86 C.J.S., Telecommunications, § 129.

ALR. - Duty of telegraph company to notify sender of message in case of inability to transmit or deliver promptly, 17 ALR 109; 55 ALR 639. Liability of telegraph company respecting telegram relating to gambling transaction, 44 ALR 783.

Duty and liability of telephone company for failure to deliver, relay, or transmit message, 78 ALR 661. Liability of telegraph company for punitive damages for wrongful or negligent acts of employees as regards messages, 89 ALR 356.