Conrad v. Western Union Telegraph Co.

Citations

• 162 Pa. 204
• 29 A. 888
• 1894 Pa. LEXIS 964

Syllabus

<p>Telegraph Co. — Liability—Affidavit of defence — Averment of contract.</p> <p>Where a telegraph company, when sued for damages for failure to send a message, relies upon the contract on the telegraph blank limiting its responsibility to its own lines, its affidavit of defence must give the facts as to its own handling of the message, the time at which and place to which it was sent, etc.; an affidavit that it transmitted the message promptly and correctly over its own lines to the terminus thereof, and delivered it for transmission to another company, naming but not further describing this company, and that the error, if any, occurred beyond its own lines, is insufficient.</p> <p>Stipulation as to time when claim for damages must be presented — Exception by reason of distance.</p> <p>The stipulation in the contract of a telegraph company contained on its blanks, that claims for damages must be presented in writing within sixty days, is ordinarily reasonable. But in exceptional eases, as that of a message to be transmitted 15,000 miles and to which no telegraphic reply would naturally be sent, the limitation is unreasonable and will not be enforced. Wolf v. W. U. Tel. Co., 62 Pa. 83, explained.</p>