In the case of Western Union Telegraph Company v. Brown in 1913, the Supreme Court ruled that a telegraph company could be held liable for damages if it negligently transmitted or delivered a message. The plaintiff, Mrs. Brown, had sent an urgent telegram to her husband's doctor requesting immediate assistance due to her husband's critical condition. However, due to negligence by Western Union employees, the delivery was delayed and Mr. Brown died before medical help arrived. The court found that while there is no general rule making telegraph companies insurers of their messages' content accuracy or promptness of delivery under all circumstances; they are subject to liability for damages caused by their own negligence or default which results in injury within contemplation of parties at time contract was made. This ruling set precedent on how communication service providers can be held accountable for negligent actions resulting in harm.

In the dissenting opinion for Western Union Telegraph Company v. Brown, Justice Holmes disagreed with the majority's decision that held Western Union liable for damages due to a delay in delivering a death notice telegram. He argued that there was no evidence of negligence on part of the company and thus it should not be held responsible for emotional distress caused by an unfortunate but unintentional delay. The justice believed that such liability would set a dangerous precedent as it could potentially expose telegraph companies to excessive claims based on subjective emotional responses which are difficult to measure or verify objectively. Furthermore, he emphasized that when entering into contract with customers, telegraph companies do not guarantee absolute punctuality but rather promise reasonable diligence in message delivery - something he felt had been fulfilled in this case.