Daniel v. W. U. Tel. Co.
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit by F. Y. Daniel against the Western Union Telegraph Company for damages for negligently failing to deliver two messages delivered to it by the appellant at Sherman, Texas, for transmission to the city of Hew York, laying his actual damages at $2,181.25, which included $7.25, charges paid for transmitting messages: Gross and wilful negligence was alleged, and $2,500 exemplary damages claimed therefor.
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit by F. Y. Daniel against the Western Union Telegraph Company for damages for negligently failing to deliver two messages delivered to it by the appellant at Sherman, Texas, for transmission to the city of Hew York, laying his actual damages at $2,181.25, which included $7.25, charges paid for transmitting messages: Gross and wilful negligence was alleged, and $2,500 exemplary damages claimed therefor. Appellee demurred generally and specialty. The general demurrer was waived, but the special exceptions were sustained, to…
1Opinion of the Court
Walker, P. J. Com. App.—
The rule for the measure of damages applicable to common carriers for the transportation of goods, and to telegraph companies in the transmission of messages in a general form, is that laid down in the case of Hadley v. Baxendale, 9 Exch., 341; a rule quite generally accepted as correct, both in England and America, and often quoted or cited in text-books with approval (1 Sedg. Meas. of Dam., 230n, 236n, 237n), and likewise very generally referred to and adopted in the judicial opinions of courts of last resort. The rule referred to is quoted, with the reasoning in…
2Cases cited8 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. CoffinTexas Supreme Court · 1895
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- McAllen v. Western Union Telegraph Co.Texas Supreme Court · 1888
- Western Union Telegraph Co. v. H. Sheffield & SonTexas Supreme Court · 1888
12 more not listed; retrieve them via the Exa API.