W. U. Telegraph Co. v. Cobbs
Supreme Court of Arkansas
APPEAL from St. Francis Circuit Court. Hon. M. T. Sanders, Circuit Judge. That the provision requiring the plaintiff to make demand within sixty days is reasonable and will be enforced is too well settled to admit of argument. Gray on Telegraphs, Sec. pp The learned counsel for the appellee do not dispute this proposition, but say that it can have no application to an action for a statutory penalty.
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APPEAL from St. Francis Circuit Court. Hon. M. T. Sanders, Circuit Judge. That the provision requiring the plaintiff to make demand within sixty days is reasonable and will be enforced is too well settled to admit of argument. Gray on Telegraphs, Sec. pp The learned counsel for the appellee do not dispute this proposition, but say that it can have no application to an action for a statutory penalty. Our answer to that is, that the statute only fixes the amount of damages to be recovered in the action; that the liability arises entirely out of the contract voluntarily entered into by the…
1Opinion of the CourtSmith, J.
This action was to recover the statutory penalty of $100 for negligent delay in the delivery of a telegram. The defense was that the plaintiff had not exhibited his demand within sixty days from the time he sent the message. There was a jury' trial and the plaintiff had a verdict and judgment.
The message was received for transmission, subject to the following condition, which was printed on the blank form furnished by the company:
“The company will not be liable for damages in any case where the claim is not presented in writing, within sixty days after sending the message.”
And it was admitted…
2Cases cited3 opinions
- Western Union Telegraph Co. v. BuchananIndiana Supreme Court · 1871
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
- Western Union Telegraph Co. v. AdamsIndiana Supreme Court · 1882
3Cited by2 opinions
- Montgomery v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
- Western Union Telegraph Co. v. LongwillNew Mexico Supreme Court · 1889