Western Union Tel. Co. v. Dunfield
Cases that cite this one
1 later published case cites this decision.
- Ryan v. Colorado Postal Telegraph Cable Co. (Colo. 1921)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Under the facts of this case the provision of the contract requiring any claim for damages to be presented in writing within thirty days was a reasonable provision, and a failure to comply therewith constituted a waiver of such claim and thereby an extinguishment of the right of recovery thereon. Heimann v. Telegraph Co. 57 Wis. 562; Telegraph Co. v. Jones, 95 Ind. 228; Cole v. Telegraph Co. 33 Minn. 227; Telegraph Co. v. Rains, 63 Tex. 27. The judgment should be reversed.
Rising and De France, CC., concur.
For the reasons assigned in the foregoing opinion the judgment is reversed and the cause remanded.
Beversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.