Western Union Tel. Co. v. Priester, 276 U.S. 252 (1928)

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Western Union Telegraph Company v. Priester

Nos. 183 and 189

Argued January 17, 1928
Decided February 20, 1928
276 U.S. 252

CERTIORARI TO THE COURT OF APPEALS AND

THE SUPREME COURT OF ALABAMA

Syllabus

1. Where the supreme court of a state, in denying a petition for certiorari to an intermediate appellate court, on the face of the record did not pass upon the merits, the writ of certiorari from this Court is properly directed to the intermediate court. P. 258.

2. A provision in the tariff filed by a telegraph company pursuant to the Interstate Commerce Act as amended June 15, 1910, fixing a lower rate for an unrepeated message and limiting the liability of the company for mistake in its transmission to the mount received for sending it represents the entire liability of the company for a mistake of that kind. The liability, being statutory, cannot be enlarged by the courts upon the ground that the mistake was due to "gross" negligence. P. 258.

21 Ala.App. 587 reversed.

Certiorari, 274 U.S. 727, to a judgment of the Court of Appeals of the State of Alabama affirming a recovery in an action against the telegraph company for damage resulting from a mistake in the transmission of a telegram. The supreme court of the state had declined to review the judgment of the court below, 215 Ala. 435. For earlier proceedings in the same case, see 18 Ala.App. 531; 20 id. 388; 212 Ala. 271.