CURTIN v. WESTERN UNION TEL. CO

CONLAN, J.

Appeal from a judgment entered on 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, not 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.

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