Providence Washington Insurance v. Western Union Telegraph Co.

The record presents no answer to the negligence averred and proved by the plaintiff. Accordingly defendant’s counsel, at the outset of their argument, say: ‘■For the purpose of this argument it will be conceded that appellant did not use reasonable diligence in the transmission and delivery of the telegram in question, and that it thereby failed to fulfill its contract.”

It is contended, however, that such failure did not directly and proximately cause the damage for which plaintiff is seeking to recover in this action, and that consequently the defendant is not liable therefor. It is argued…