Barnes Ex Rel. Barnes v. Western Union Telegraph Co.
Nevada Supreme Court
Appeal from the First Judicial District Court, Storey County; O. ¿7. Mack, Judge. Action by William Barnes, by T. J. Barnes, his guardian ad litem, against the Western Union Telegraph Company. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The damages in this case are remote and contingent and have no connection whatever with the delay in the delivery of the message.
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Appeal from the First Judicial District Court, Storey County; O. ¿7. Mack, Judge. Action by William Barnes, by T. J. Barnes, his guardian ad litem, against the Western Union Telegraph Company. From a judgment in favor of plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The damages in this case are remote and contingent and have no connection whatever with the delay in the delivery of the message. The universal rule of the courts is that the measure of damages for the breach of a contract with a telegraph company, as well as any other contract, must- be limited to…
1Opinion of the Court
By the Court, Fitzgerald, J.:
This is the second appeal in this case. On the first trial the jury awarded the plaintiff $1,200 damages, and the court gave judgment for the amount. On appeal therefrom this court reversed the judgment as being excessive. (24 Nev. 125.) This judgment of reversal was rendered October, .1897, nearly seven years ago. On the second trial, an appeal from the judgment in which is here now, the court, sitting without a jury, gave judgment for the plaintiff for the sum of $400. As the foundation of such judgment, the court found the following facts:
" (1) That on the 19th…
2Cases cited34 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
29 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
- Thompson v. MinnisSupreme Court of Oklahoma · 1949
- Babcock & Wilcox Co. v. NoltonNevada Supreme Court · 1937
- McConnell v. United States Express Co.Michigan Supreme Court · 1914
- Western Union Telegraph Co. v. CrawfordSupreme Court of Oklahoma · 1911
7 more not listed; retrieve them via the Exa API.