Hart v. Western Union Telegraph Co.

Citations

• 2 Cal. Unrep. 373
• 4 P. 657
• 1884 Cal. LEXIS 790

Syllabus

<p>Telegraph Companies—Limitation of Liability.—A Stipulation purporting to exempt a telegraph corporation from all liability for mistakes or delays in the transmission or delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same, is void for want of consideration to support it.</p> <p>Telegraph Company—Stipulation Against Liability—Presumption of Negligence.—It is not competent for telegraph companies to stipulate against or limit their liability for mistakes happening in consequence of their own fault; such as want of proper skill or ordinary care on the part of their operators, or the use of defective instruments. They are exempt only for errors arising from causes beyond their control; and whether such error was caused by negligence or was beyond their control is a question for the jury, the presumption being that it occurred through negligence.</p>