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· 2/24/1915

Strause Gas Iron Co. v. Western Union Telegraph Co.

Citations

  • 59 Pa. Super. 122
  • 1915 Pa. Super. LEXIS 31

Syllabus

<p>Telegraph and telephone companies — Failure to deliver message— Measure of damages — Contract.</p> <p>Where the contract of a telegraph company provides “that the company shall not be liable for mistakes or delays in the transmission or delivery of any unrepeated message beyond the amount received for sending the same, and “in any event shall not be liable for any mistakes in the transmission or delivery, or for the non-delivery of this message whether caused by the negligence of its servants or otherwise beyond the sum of fifty dollars,” recovery may be had against the company in the sum of $50.00 where it appears that a message had not been delivered by reason of the company’s negligence, and that the loss resulting was in a substantial amount.</p>

Judges: Head, Kephart, Orlady, Rice, Trexler

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