Leedy v. Western Union Telegraph Co.

Plaintiff brought suit as addressee of a telegraph message sent over defendant’s line from Hárrisburg, Pa., to Chattanooga, Tenn., for failure to deliver same at the pont of contract delivery. The court of civil appeals has found that the telegraph company was guilty of very great negligence, or gross negligence as we understand, in failing to deliver the telegram; hut that court further held that the defendant company was not liable because of a stipulation which appeared up*549on the back of the message, which became a part of the contract, to wit:

“In any event, the company shall not be liable…