
    Maggie Curtin, Respondent, v. The Western Union Telegraph Co., Appellant.
    (City Court of New York
    General Term,
    November, 1895.)
    In an action against a telegraph company for breach of its obligation to* transmit a dispatch promptly, only such damage's as were within the contemplation of the parties at the time of sending it, can be recovered.
    Appeal from judgment in favor of the plaintiff, entered on the decision of the court without a jury.
    
      Push Taggart, for appellant.
    
      I/yman W. Pedington, for respondent. -
   Conlan, J.

Appeal from a judgment entered oh 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, iiot the proximate result of-defendant’s. breach of its obligation to transmit promptly.-

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

Fitzsimons, J., concurs. ' • 1

Judgment reversed and new trial ordered, with costs to abide event. ' •  