Western Union Telegraph Co. v. Allsworth
Mississippi Supreme Court
Western Union Telegraph Co. v. Allsworth, 124 Miss. 221 (Miss. 1920)
86 So. 762
Cook
Western Union Telegraph Co. v. Allsworth
Opinion of the Court
delivered the opinion of the court.
After stating the facts as above. This case is controlled by the opinion and authorities therein cited in the case of Western Union Telegraph Co. v. J. D. Halbert (No. 21355) 86 So. 760, this day decided. The demurrer to the special pleas should have been overruled.
Reversed and remanded.
Reference
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- Syllabus
- Telegraphs and Telephones. Conditions on bade of interstate telegram exempting company from damages beyond stated amount held binding. Where a suit was instituted for damages for the nondelivery of a telegram, and a special plea was filed alleging that the message was an interstate message, and that conditions written on the back of the telegram exempted the company from damages * beyond a certain amount stated therein, it was error to sustain a demurrer to such pleas, and where the amount recovered was in excess of the maximum amount stipulated for in the contract, the judgment will be reversed.