Western Union Telegraph Co. v. Petteway

1. The petition as amended, which claimed nominal damages for the negligent failure to deliver an interstate telegraphic message from Portsmouth, Virginia, to Gainesville, Georgia, was not subject to general demurrer

2. The interstate night-letter, for the non-delivery of which damages were *726sought, ivas by agreement sent subject to the terms printed on its back, which provide that “unless otherwise indicated on its face, this is an unrepeated night-letter, and paid for as such;” and nothing is “otherwise indicated on its face.” Hence it is an “unrepeated” message. The terms of the contract…