Lundgren v. Western Union Telegraph Co.

SOLOMON, District Judge.

Plaintiff filed an action for damages against Western Union, claiming that by reason of the latter’s negligent failure to deliver a telegram by a particular time he has suffered damages in the sum of $16,423.58. The defendant denies any negligence or breach of a specific agreement to deliver this message. As a special defense, the defendant alleges that under the terms of defendant’s standard message contract, printed on the back of all telegraph form blanks and filed with the Federal Communications Commission as part of its approved tariff regulations, the limits of…