Western Union Telegraph Co. v. Dougherty
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court. James W. Butler, Judge. I. The stipulation requiring demand to be made within sixty days was reasonable and valid. The power to make reasonable regulations limiting their liability has been repeatedly recognized. 39 Ark., 148 ; 44 id., 208; 46 id., 236; 47 id., 97; 50 id., 397. The only limitation is that the stipulation must be reasonable. Green-hood, Pub. Policy, p. 505 ; 31 Pa.
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APPEAL from Jackson Circuit Court. James W. Butler, Judge. I. The stipulation requiring demand to be made within sixty days was reasonable and valid. The power to make reasonable regulations limiting their liability has been repeatedly recognized. 39 Ark., 148 ; 44 id., 208; 46 id., 236; 47 id., 97; 50 id., 397. The only limitation is that the stipulation must be reasonable. Green-hood, Pub. Policy, p. 505 ; 31 Pa. St., 448 ; 5 H. & N., 867; 21 Wall., 264; 51 Ind., 127; 54 Miss., 566; 76 Mo., 514; 62 Pa. St., 87 ; 34 N. Y. Sup. Ct., 390; 65 N. Y., 163 ; 95 Ind., 228; 33 Minn., 227; 57 Wise.,…
1Opinion of the CourtHughes, J.
This is an appeal from a judgment for fifty dollars against the appellant in favor of appeliee, to compensate him for damages sustained by the failure of appellant’s servants to deliver a telegram sent by appellee from Newport to Clarendon, Ark. There was printed upon the face of the blank form upon which the telegram was written these words : “ 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.” The circuit court made the following declaration of law in the case: “ The condition in reference to delay…
2Cases cited5 opinions
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
- Heimann v. Western Union Telegraph Co.Wisconsin Supreme Court · 1883
- Cole v. Western Union Telegraph Co.Supreme Court of Minnesota · 1885
- Massengale v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
- Western Union Tel. Co. v. RainsTexas Supreme Court · 1885
3Cited by11 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
- Manier & Co. v. Western Union Telegraph Co.Tennessee Supreme Court · 1895
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- Hafer v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
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