Western Union Telegraph Co. v. Eckhardt

In a suit for damages on account of delay in delivery of an unrepeated interstate message, defendant in error was awarded a judgment against plaintiff in error for the sum of $500, with 6 per cent, interest thereon from the date of the accrual of the cause of action.

It is insisted by plaintiff in error that this item of interest was improperly allowed because the maximum liability, on an unre.peated message, was expressly limited to the sum of $500, by reason of the following stipulation contained in the contract of transmission:

“The company shall not be liable for mistakes or delays in the…