Western Union Telegraph Co. v. Douglass

This is an action for damages for negligence of plaintiff in error (defendant) in failing promptly to deliver telegrams sent to defendant in error (plaintiff) from a point in Alabama to a point in Texas. The defendant pleaded, as more fully shown below, that the contract for the sending of the telegrams was in writing and stipulated, among other things, that the company would not be liable for damages in any case where the claim is not presented in writing within sixty days after the message was filed with the company for transmission; and, in substance, that under the law of Alabama such…