Western Union Telegraph Co. v. Karr

HEAD, Associate Justice.

The institution of this suit, by filing the original petition and the issuance and service of the citation, within sixty days after the messages were sent, was a substantial compliance with that clause of the contract which provides, that “ 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.” Thomp. on Elec., sec. 256; Tel. Co. v. McKinney, 2 Willson’s C. C., sec. 647.

In the case last cited, it is held to be necessary to file an amended petition in cases where the institution of…