Clement v. Western Union Telegraph Co.
Clement v. Western Union Telegraph Co.
Opinion of the Court
delivered the opinion of the court.
The appellant cannot recover in this case. He does not bring himself -within the regulations -established by the telegraph company for the transaction of its business. Upon the blank, necessarily used in the transmission of the message, -and upon the one used also in the delivery of the message to the sendee, was a notice informing ’ them of the conditions upon which the telegram -was taken, for transmission and .delivery. It is there expressly stated that the company.’will not be liable
The plaintiff, it seems, made some effort to perfect his claim for damages soon after his failure to receive the telegram in due time, but his effort, without any fault, however, on the part of the telegraph company, did not meet with success.
The plaintiff had full knowledge, or ineans of knowledge, of the.conditions of the contract in regard to the transmission and delivery of the telegram, and his noncompliance with them leaves Mm without any excuse; he can take no advantage of his own default.
Affirmed.
Reference
- Full Case Name
- Samuel N. Clement v. Western Union Telegraph Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Telegraph Company. Reasonable regulation. Demand. Damages. Statutory penalty. Notice. A stipulation on the printed forms used hy a telegraph company in its reception ancl delivery of a telegram making the right ■to damages and statutory penalty, for delay or failure to transmit or deliver, dependent on a presentation of the claim in writing, within sixty days after reception for transmission, affects both the sender and sendee with notice, and relieves a telegraph company from liability unless the claim be SO' presented.