126 Misc. 182 | N.Y. App. Term. | 1925
Plaintiff sues for damages caused by defendant’s failure to transmit a telegram accurately. A word included in the message as given was omitted in the transmission. One of the defenses was that claim was not made within sixty days from the time when the message was filed. Plaintiff had judgment below.
The telegram was sent in the course of interstate commerce and the case is, therefore, governed by the Federal act of June 18, 1910. (36 U. S. Stat. at Large, 539, chap. 309.) By that act telegraph companies are required to print and file with the Interstate Commerce Commission their rates, rules, classifications and practices with respect to interstate business; and their rules and regulations so printed and filed are to be deemed reasonable and just until changed by the Commission. Uniform adherence to the rates, rules, practices or regulations so filed is enjoined. (See, also, Interstate Commerce Act [24 U. S. Stat. at Large, 379], § 1, as amd. by 36 id. 544, § 7, and 41 id. 474, § 400; Interstate Commerce Act [24 id. 380], § 6, as amd. by 34 id. 586, § 2; 41 id. 483, § 409 et seg.)
Among the rules or regulations so filed by defendant, and not disapproved by the Commission, is the following: “ The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission.”
It follows that the judgment must be reversed, with thirty dollars costs, and the complaint dismissed on the merits, with costs.
All concur; present, Bijur, Levy and Churchill, JJ.