Postal Telegraph & Cable Co. v. Crook
Mississippi Supreme Court
Appeal from the circuit court of Newton county. HoN. C. L. Dobbs, Judge.' Suit by C. W. Crook & Company against the Postal Telegraph and Cable Company. From a judgment for plaintiffs, defendant appeals.
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Appeal from the circuit court of Newton county. HoN. C. L. Dobbs, Judge.' Suit by C. W. Crook & Company against the Postal Telegraph and Cable Company. From a judgment for plaintiffs, defendant appeals. This' is an appeal by the telegraph company from a judgment rendered against it in favor of appellees, based upon a claim for damages alleged to have resulted from the negligent failure of the agent of the telegraph company to transmit promptly certain telegrams between appellees at Newton, Mississippi, and Latham, at Greensboro, North Carolina. The record shows that appellees sent Latham…
1Opinion of the CourtSmith, C. J.
Since the only actual damage claimed by appellees is the difference between the price offered for the cotton by Latham and that at which they were compelled to sell it, the court below erred in not granting the instruction requested by appellant, charging the jury that appellees *182were “not entitled to recover any actual damages.” Johnson v. Telegraph Co., 79 Miss. 58, 29 So. 787, 89 Am. St. Rep. 584; Telegraph Co. v. Adams Machine Co., 92 Miss. 849, 47 So. 412; Telegraph Co. v. Patty Dry Goods Co., 96 Miss. 781, 51 So. 913.
Reversed and remanded.
2Cases cited3 opinions
- Johnson v. Western Union Telegraph Co.Mississippi Supreme Court · 1901
- Western Union Telegraph Co. v. Adams Machine Co.Mississippi Supreme Court · 1908
- Western Union Telegraph Co. v. Patty Dry Goods Co.Mississippi Supreme Court · 1910
3Cited by1 opinion
- Postal Telegraph Co. v. CriscoeMississippi Supreme Court · 1914