4 N.Y.S. 666 | N.Y. Sup. Ct. | 1889
That this action was properly brought against the defendant is not questioned. On August 7, 1885, the plaintiffs received through a telegraph office at Syracuse, managed and controlled by the defendant, the following message: “Dated, Chicago, Illinois, 7th. Deceived at Syracuse,
The only question presented on this appeal is the question of damages. The defendant claims that the only damages that the plaintiffs were entitled to recover was the sum of 22 cents paid for the transmission and delivery of this message. This claim is sought to be maintained on the grounds: First, that the defendant’s liability was limited by the provisions contained in the blank upon which the message was written; and, second, that independent of those provisions the plaintiffs could recover only the sum paid for sending the message. Upon the first of these propositions the defendant, in its brief, says:
Kennedy, J., concurred. Pollett, P. J., concurred in result.