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.