Western Union Telegraph Co. v. Milton

Citations

• 53 Fla. 484

Syllabus

<p>1. In an action on the case for damages, if the declaration makes a case entitling the plaintiff to any recovery whatever, though it be only nominal damages, a demurrer will not lie thereto, even if the declaration claims other or greater damages than the cause may legally entitle the plaintiff to recover; demurrer not being the proper way to test the extent of the recovery to be had. Such questions are properly raised and settled by objections to testimony at the trial, or by instructions to the jury as to the law applicable to the points raised, or by requiring the declaration to he reformed under Section 1043, Revised Statutes of 1892, Section 1433, General Statutes of 1906.</p> <p>2. The amount paid to a telegraph company for transmitting a message is for correctly transmitting it, as the duty of the company requires it to do; and if because of the negligence of the .employees of the company an incorrect copy of the message is transmitted and delivered', the company has failed -in the performance of its duty im- . posed by law and assumed by it, and is liable for such failure notwithstanding a provision limiting its liability to the amount paid for transmission of unrepeated messages printed on the blanks furnished by the company upon which messages for transmission are written by patrons.</p> <p>3. The duty of a telegraph company imposed by law and assumed by it to use due care and skill in transmitting messages and in delivering a correct copy thereof, and its liability for negligence or carelessness in transmitting messages and in delivering an incorrect copy of messages, cannot be affected by a printed provision upon the blanks used in delivering messages to be transmitted by wire, that the company “shall not he liable for mistakes and delays in the transmission or delivery or for nondelivery of any unrepeated' message, beyond the amount received for sending same.”</p> <p>4. In an action in tort against a telegraph company for the breach of a public duty