Schaafs v. Western Union Telegraph Company

GRUBB, District Judge,

This diversity of citizenship action for damages allegedly resulting from nondelivery of an interstate telegraph money order has been removed from state court, Defendant has moved to dismiss the action or, in the alternative, to strike por tions of the complaint referring to damages beyond the aggregate sum of $500.

Notice of personal injury served on the defendant prior to commencement of the action alleges negligence. The complaint herein sounds in negligence. The parties stipulated on pretrial conference that the factual issue as to liability was predicated on…