Undelivered Wires

The Supreme Court of Alabama recently imposed a liability on the Western Union Telegraph Company under rather unusual circumstances. The father of the plaintiff, whose name was Swindle, died, and a friend telegraphed to Swindle: " Your father is dead. Come at once." The telegram was not delivered promptly and the plaintiff was unable to make the proper arrangements for his father's burial. The jury allowed him $500 damages and their verdict was upheld on appeal.

The first clause of the contract on the back of the customary Western Union Telegraph Company blank limits the liability of the company to $500, except in case of repeated or specially valued messages. This limitation is valid because the company will assume full liability in consideration of the payment of a special charge, and a sender thus can insure his message if he wishes to do so. Otherwise it would be of doubtful validity.

The company must ordinarily respond in damages sufficient, up to the limit specified, to compensate the sender or the receiver of a telegram for the injuries resulting from its negligence, if these could reasonably have been anticipated. But juries are not often permitted the degree of speculation allowed in this case.