Tyler, Ullman & Co. v. Western Union Telegraph Co.

Citations

• 60 Ill. 421

Syllabus

<p>1. Telegraph compakies — their duty and liability. A telegrapli company is a servant of the public, and bound to act whenever called upon, 1hoir charges being paid or tendered. They are, in that respect, like common carriers, the law imposing upon them a duty which they are bound to discharge. The extent of their liability^, is, to transmit correctly the message as delivered.</p> <p>2. Same — of restricting tlieir liability by contract — necessity of repeating messages. Where a party, desiring to send a telegraphic dispatch, is required by tlie company to write Ills message upon a paper containing a condition exonerating the company from liability for an incorrect transmission of tlie message unless it shall be repeated, and at an additional cost therefor to tlie sender, it is held that such a restriction, even if it be regarded as a contract, is unjust, without consideration, and void.</p> <p>• S. Nor is such a restriction upon the liability of the company relieved of its objectionable character by a stipulation in the contract that tlie company will insure the accurate transmission of the message by a special agreement to be made, in writing, with the superintendent of the company, the amount of risk to be specified in tlie contract and paid at the time of sending the message. Such a provision would not be available to persons in localities were there was no superintendent, and would occasion inconvenient delay even where such officer could be found.</p> <p>4. It is against public policy to permit telegraph companies to secure exemption from the consequences of their own gross negligence, by contract. So, notwithstanding any special conditions which may be contained in a contract between a company and the sender of a message, restricting the liability of the former in case of an inaccurate transmission of the message, the company will still be liable for mistakes happening by their own fault, such as defective instruments, or carelessness or unskill-fulness of