86-610. Dispatches; nondelivery; mistakes; liability.
Any telegraph company is liable for the nondelivery of dispatches entrusted to its care, for mistakes in transmitting messages made by its employee or agent, and for damages resulting from a failure to perform any other duty required by law. Such telegraph company shall not be exempted from such liability by reason of any clause, condition, or agreement contained in its printed blanks.
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Annotations
Message was sufficient on its face to apprise company that failure to transmit promptly might result in substantial loss, and recovery of damages was affirmed. C. B. Nash Co. v. Western Union Tel. Co., 98 Neb. 210, 152 N.W. 387 (1915).
Company is liable for failure to transmit correctly and deliver message, notwithstanding agreement printed on blank to contrary. American Express Co. v. Postal Telegraph-Cable Co., 97 Neb. 701, 151 N.W. 240 (1915); Western Union Tel. Co. v. Beals, 56 Neb. 415, 76 N.W. 903 (1898); Pacific Tel. Co. v. Underwood, 37 Neb. 315, 55 N.W. 1057 (1893).
Unless the language of the message itself discloses that special loss will probably result from failure to transmit, measure of damages will not exceed cost of transmission. Smith v. Western Union Tel. Co., 80 Neb. 395, 114 N.W. 288 (1907).
Where telegraph company failed to deliver message resulting in loss of sale of corn, measure of damages was difference between contract price and its market value. Western Union Tel. Co. v. Nye & Schneider Co., 70 Neb. 251, 97 N.W. 305 (1903).
Telephone company was liable for loss of profits which would have been made on exchange of land for failure to deliver message. Western Union Tel. Co. v. Wilhelm, 48 Neb. 910, 67 N.W. 870 (1896).
Provisions are obligatory upon all telegraph companies in the state. Western Union Tel. Co. v. Kemp, 44 Neb. 194, 62 N.W. 451 (1895).
Section 86-112 (recodified in 2002 as section 86-610) is constitutional. Western Union Tel. Co. v. Lowrey, 32 Neb. 732, 49 N.W. 707 (1891).
Requirements are reasonable, and cover interstate messages. Kemp v. Western Union Tel. Co., 28 Neb. 661, 44 N.W. 1064 (1890).
Copy of telegram received at office of destination is not admissible in evidence without proof of authenticity. Yeiser v. Cathers, 5 Neb. Unof. 204, 97 N.W. 840 (1903).
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