Stiles v. Western Union Telegraph Co.

WRIGHT, O. J.,

(concurring.) We are clearly of tbe opinion that tbe defendant should not be held liable for amounts of money' paid out' after tbe dispatch was received at tbe bank. It required only a moment’s time to step to tbe front door of tbe bank, and close it. Tbe law in such case does not bold tbe defendant responsible for avoidable damages. Undoubtedly a large portion of tbe money paid out would have remained in tbe bank if it bad been closed immediately upon tbe reception of tbe dispatch. I therefore concur.