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KOMATZ CONSTRUCTION INC. v. WESTERN UNION TEL. CO.

No. 42433.

186 N.W.2d 691 (1971)

KOMATZ CONSTRUCTION INC., Appellant, v. WESTERN UNION TELEGRAPH COMPANY, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 6, 1971.

Attorney(s) appearing for the Case

Gault, Mackenzie, Gustafson & Litynski, St. Peter, for appellant.

Blethen, Ogle, Gage & Krause, Mankato, for respondent.

Reconsidered and decided on the record by the court en banc.

OPINION

KELLY, Justice.

This is an appeal from summary judgment limiting to $500 the amount of damages sustained by plaintiff as a result of defendant's delay in transmitting a message.

At 9:14 a. m., plaintiff's employee sent a telegram from St. Peter, Minnesota, to Baudette, Minnesota, using defendant's facilities. The message was not written on a Western Union blank but was typed on a letterhead of plaintiff. Plaintiff's employee informed defendant...

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