In Western Union Telegraph Company v. Rogers, the United States Supreme Court was asked to decide whether a telegraph company could be held liable for damages caused by its negligence in delivering a telegram. The plaintiff, Rogers, had sent a telegram to a third party, but the telegram was never delivered. Rogers sued the telegraph company for damages, claiming that the company had been negligent in delivering the telegram. The Supreme Court held that the telegraph company could be held liable for damages caused by its negligence in delivering the telegram. The Court reasoned that the telegraph company had a duty to exercise reasonable care in delivering the telegram, and that it had breached that duty by failing to deliver the telegram. The Court also held that the telegraph company was liable for any damages caused by its negligence, including any losses suffered by the plaintiff. In conclusion, the Supreme Court held that the telegraph company could be held liable for damages caused by its negligence in delivering the telegram. The Court reasoned that the telegraph company had a duty to exercise reasonable care in delivering the telegram, and that it had breached that duty by failing to deliver the telegram. The Court also held that the telegraph company was liable for any damages caused by its negligence, including any losses suffered by the plaintiff.

Justice Field delivered the dissenting opinion in Western Union Telegraph Company v. Rogers, arguing that the majority's interpretation of the contract between Western Union and Rogers was incorrect. He argued that while it is true that a telegram sent by one party to another creates an obligation on behalf of both parties, this does not mean that either party can unilaterally alter or modify its terms without agreement from both sides. In this case, he argued, there was no evidence presented to show any such mutual consent had been given for Western Union to change their rates after they had already accepted payment from Rogers for delivery of his message. Therefore, Justice Field concluded that since there was no proof of mutual consent allowing them to do so, Western Union should be held liable for breach of contract and ordered to pay damages accordingly.