Rasher-Kingman-Herrin Co. v. Postal Telegraph-Cable Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered March 4, 1918, upon findings in favor of the plaintiff, in an action for damages, tried to the court.
1DissentTolman, J.
(dissenting)—The majority opinion is silent upon the question of whether or not appellant, by its stipulation to that effect upon the back of the form used for sending the message, can escape all liability for negligence for its mistakes, delay in transmission or delivery, or nondelivery of an unrepeated message; but the great weight of authority is to the effect that liability cannot be so avoided. A reasonable limitation of the liability, if contracted for, might be upheld, but a stipulation against all liability (and this is such a stipulation, because to return the unearned fee for…
2Cases cited26 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Smith v. AlabamaSupreme Court of the United States · 1888
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- New York, New Haven & Hartford Railroad v. New YorkSupreme Court of the United States · 1897
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