In the 1891 case of Franklin Telegraph Company v. Harrison, the U.S. Supreme Court ruled in favor of Harrison, who had sued for damages after a telegraph message he sent was not delivered on time due to negligence by the company's employees. The court held that while telegraph companies are not insurers and cannot be held liable for every mistake or delay, they can be held responsible if it is proven that their agents were negligent in performing their duties. In this case, evidence showed that an employee failed to promptly deliver the telegram as required by company rules and regulations; thus, his negligence directly caused harm to Harrison’s business interests which led him to sue for damages.

In the dissenting opinion for Franklin Telegraph Company v. Harrison, Justice Bradley argued that the majority's decision to uphold a state law requiring telegraph companies to transmit all messages in the order they are received was an overreach of government regulation into private business operations. He contended that such laws interfere with businesses' ability to manage their own affairs and make necessary decisions about prioritizing certain types of communications over others based on urgency or importance. Furthermore, he expressed concern that this ruling could set a dangerous precedent for future cases by allowing excessive governmental control over private industries.