Welsh v. Western Union Telegraph Co.

Mr. Associate Justice Oxner

(concurring).

I am in full accord with the conclusion of Mr. Justice Taylor that respondent’s recovery must be limited to the sum of $80.00, which represents loss of commissions on the sale of two cars of rice.

The message was received for transmission subject to the usual stipulation that “the Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing to the company within sixty days after the message is filed with the company for transmission.”

It is conceded that this is a valid and binding stipulation. The…