Elam v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Kennedy, the addressee of the telegram should not have been permitted to testify what he would have done or that he would have accepted and filled the order in case the message had been delivered. Nor should he have been permitted to testify what he would have understood it to mean. What he would have done is speculative, remote and contingent. Lumber Co. v. Tel. Co., 44 S. E. 309; Tel.
Read the full summary
Appeal from Barton Circuit Court. — Hon. H. 0. Timmonds, Judge. (1) Kennedy, the addressee of the telegram should not have been permitted to testify what he would have done or that he would have accepted and filled the order in case the message had been delivered. Nor should he have been permitted to testify what he would have understood it to mean. What he would have done is speculative, remote and contingent. Lumber Co. v. Tel. Co., 44 S. E. 309; Tel. Co. v. Ferguson, 60 N. E, 674; Fisher y. Tel. Co., 96 N. W. 545; Reynolds y. Tel. Co., 81 Mo. App. 266; Mfg. Co. v. Mfg. Co., 3 L. R. A. 593;…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff’s suit is for dam-' ages for the failure of defendant to deliver a certain telegram for the purchase of potatoes. The petition was *541in three counts. The two first were for damages and the third for the statutory penalty. The plaintiff dismissed as to the first and recovered $97.50 on the second count. The finding was for defendant . on the third count. The defendant appealed from the judgment on. the second count.
The facts are as follows: On the 24th day of February, 1904, in response to plaintiff’s inquiries by telegraphic communication had over defendant’s telegraph lines as…
2Cases cited4 opinions
- E. B. Hauck Clothing Co. v. SharpeMissouri Court of Appeals · 1900
- Stotesburg v. MassengaleMissouri Court of Appeals · 1883
- Reynolds v. Western Union Telegraph Co.Missouri Court of Appeals · 1899
- Thompson v. ThorneMissouri Court of Appeals · 1900
3Cited by4 opinions
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
- Tippin v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- Davenport v. Western Union Telegraph Co.Montana Supreme Court · 1932