Western Union Telegraph Co. v. Moore

Gavin, J. —

The appellee sued to recover special damages suffered by reason of appellant’s failure to deliver to her with reasonable diligence a message sent to her from Delphi, Indiana, announcing the death of her child.

The appellant answered by the general denial, and also specially setting up a provision in the telegraph blank on which the message was sent, to the effect that messages would “be delivered free within the established free ■delivery limits of the terminal office. For delivery at a greater distance a special charge will be made to cover the cost of such delivery.” It was also…