Redington

This is an action to recover damages for the failure of the defendant (a telegraph company) to correctly transmit an unrepeated telegraph message.

*320 Plaintiff had judgment for $555 and costs, from which judgment and from an order denying its motion for a new trial defendant appeals.

The case is this:

On the twenty-eighth day of March, 1890, plaintiff caused a message to be delivered to defendant at San Francisco for transmission to Visalia, directed to D. G. Overall, sheriff of the county of Tulare, directing said sheriff to attach the property of Woodruff and Dobson under a writ of attachment issued out of the superior court of the city and county of San Francisco, in an action in which the plaintiff herein was plaintiff, and Woodruff and Dobson were defendants, which said writ was set out in the message, and commanded the sheriff to attach sufficient property of the defendants therein to satisfy plaintiff’s demand for $1,903, etc. The writ was in the usual form.

The said message was transmitted to Visalia and delivered to said sheriff, but when delivered the word “nineteen” in said writ was changed and altered so that it read “ nine,” thus causing the writ to read $903…