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Pierce Company v. Western Union Telegraph Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1920
192 App. Div. 944 (N.Y. App. Div. 1920)

Summary

In Pierce Co. v. Western Union Telegraph Co. (177 N.Y.S. 598, 599) the court said: "Where the action is not based upon gross negligence, and the message is not repeated, the damages are limited to the amount received for sending the same, provided the contract so stipulates. * * * But a telegraph company cannot limit its liability by any such provision, where the action is based upon gross negligence.

Summary of this case from Krivitsky & Cohen, Inc.v. Western Union Telegraph Co.

Opinion

May, 1920.


Appeal dismissed, without cost, upon stipulation filed and order appealed from vacated.


Summaries of

Pierce Company v. Western Union Telegraph Company

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1920
192 App. Div. 944 (N.Y. App. Div. 1920)

In Pierce Co. v. Western Union Telegraph Co. (177 N.Y.S. 598, 599) the court said: "Where the action is not based upon gross negligence, and the message is not repeated, the damages are limited to the amount received for sending the same, provided the contract so stipulates. * * * But a telegraph company cannot limit its liability by any such provision, where the action is based upon gross negligence.

Summary of this case from Krivitsky & Cohen, Inc.v. Western Union Telegraph Co.
Case details for

Pierce Company v. Western Union Telegraph Company

Case Details

Full title:THE PIERCE COMPANY, Respondent, v. THE WESTERN UNION TELEGRAPH COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 1, 1920

Citations

192 App. Div. 944 (N.Y. App. Div. 1920)

Citing Cases

Freschen v. Western Union Telegraph Co.

Redf. Neg. (6th ed.) § 555, and cases cited. It has been held that the failure of a telegraph company to…

Krivitsky & Cohen, Inc.v. Western Union Telegraph Co.

These cases hold that a regulation limiting the liability of a telegraph company with respect to an…