The following excerpt is from Pacific Postal Tel. Cable Co. v. Bank of Palo Alto, 109 F. 369 (9th Cir. 1901):
In Elwood v. Telegraph Co., supra, the only distinguishable facts from the present case were that the message was delivered to the telegraph operator by a third party, and that the question as to whether the act by which the plaintiff was injured was a willful wrong of the defendant's operator was not properly before the court for decision. The court held that it was gross negligence in the operator at the telegraph station to send over the wires a message in the name of, and purporting to come from a cashier of, a bank, and to be dated at another station, at the request of a party known to the operator not to be such cashier, and presenting no evidence of authority to use his name, which message, addressed to a banking house, held out such party as entitled to credit for a large amount; and this negligence occurs so within the scope of the employment of such operator as to make the telegraph company liable to the person to whom such telegram was addressed for the damages occasioned by such negligence. The court, in the course of its opinion, said:
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