
    No. 309
    No. 17954
    The Western Union Telegraph Co. v. E. E. Edminston.
    Error to the Court of Appeals of Gallia County.
    1163. TELEGRAH COMPANIES — Defense of clause in message exempting them front certain damages, sustained — Exception when valued rates paid.
   MATTHIAS, J.

1. In an action to recover damages claimed to have resulted from the negligence of a telegraph company in the transmission of a message, a demurrer to an answer which set up as a defense a contract exempting the company from liability “for mistakes or delays in the transmission or delivery or for nondelivery of any unrepeated message beyond the amount received for sending the same,” was properly sustained.

2. But where the sender of a message enters into a contract wherein the value thereof is stipulated, and the rate charged and paid is based upon such valuation, recovery for loss or damage will be limited to the amount of the valuation nam'ed.

Judgment reversed.

Robinson, Jones and Day, JJ., concur. Wan-amiaker, J., not participating.  