James Clark McReynolds

“ The opinion there declares: 'Appellant contends that the provision in the money order blank was a part of the tariff filed with the Interstate Commerce Commission, and as such limited the damages recoverable to the actual damage, not exceeding $500, and that without actual damage there could be no recovery. The question presented is one of interpretation of the provision, not of validity thereof.'
'Here, the provision in question has a limitation of liability clause-'the company shall not be liable for damages * * * beyond the sum of five hundred dollars'. ”

“ In the first the Court of Appeals of Georgia sustained a demurrer to a complaint which definitely sought to recover five hundred dollars as liquidated damages for failure properly to transmit a message. The opinion in the second cause well said: 'Although this particular clause has been a part of the rules, regulations, classifications, and tariffs of the telegraph company since 1921, it has never been interpreted as a liquidated damage provision, and no cases are cited which would justify such an interpretation. ”

“ However, the plaintiffs are not without redress.'
The court found as matter of law 'That the condition on the application for the transmission of the money order filed by The Western Union Telegraph Company with the Federal Communications Commission limiting its liabilities to five hundred ($500) dollars is a valid undertaking. ”