Western Union Tel. Co. v. Hoffman

After Western Union (defendant) failed to deliver a telegram summoning a doctor for young Kelly Hoffman's dislocated elbow, nine days passed before a doctor happened by and examined him, by which point the injury had become permanently disabling rather than easily treatable; Kelly's father (plaintiff) sued on behalf of both Kelly and himself, and the jury awarded damages to each, with Western Union arguing on appeal that the family's own nine-day delay in seeking help was contributory negligence barring recovery.

Whether only the claimant's own negligence, and not another person's negligence, bars that claimant's recovery under the doctrine of contributory negligence.