
    Maggie Curtin, Resp’t, v. Western Union Telegraph Company, App’lt.
    
      (New York City Court, General Term,
    
    
      Filed November 26, 1895.)
    
    Damages—Telegraph companies.
    Failure to transmit a message properly does not render a telegraph company liable for'damages not contemplated when the message was sent.
    Appeal from a judgment in favor of plaintiff.
    Rush Taggart, for app’lt; Lyman W. Redington, for resp’t.
   CONLAN, J.

Appeal from a judgment entered on the decision of the court without a jury. Aside from the question of defendant’s negligence, the damages found by the trial judge could not have been within the contemplation of the parties at the time of sending the dispatch, and are therefore not the proximate result of defendant’s breach of its obligation to transmit promptly.

The judgment should be reversed, and anew trial ordered, with costs to abide the event.  