Komatz Construction, Inc. v. Western Union Telegraph Co.

Kelly, Justice.

This is an appeal from summary judgment limiting to $500 the amount of damages sustained by plaintiff as a result of defendant’s delay in transmitting a message.

At 9:14 a. m., plaintiff’s employee sent a telegram from St. Peter, Minnesota, to Baudette, Minnesota, using defendant’s facilities. The message was not written on a Western Union blank but was typed on a letterhead of plaintiff. Plaintiff’s employee informed defendant’s agent that the message must be in Baudette by 2 p. m. of that same day.

The telegram was transmitted from St. Peter to the following cities: Mankato;…