Chapman v. Western Union Telegraph Co.
Court of Appeals of Kentucky
Case 44 — PETITION ORDINARY APPEAL FROM WARREN CIRCUIT COURT. 1. The pecuniary loss sustained by appellant in missing the donation of' the note named in the petition is not too remote to he recovered.
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Case 44 — PETITION ORDINARY APPEAL FROM WARREN CIRCUIT COURT. 1. The pecuniary loss sustained by appellant in missing the donation of' the note named in the petition is not too remote to he recovered. It is within the rule that “ a party is liable for all the direct damages which both parties to the contract would have contemplated as flowing from its breach, if, at the time they entered into it, they had bestowed proper attention upon the subject, and had been fully informed of the facts.” (Leonard v. Western Union Tel. Co., 41 N. Y., 544; Western Union Tel. Co. v. McKibben (Ind.), 14 N. E.…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
This is an action against the telegraph company for damages for negligently failing to deliver to the ap pellant, Joseph Chapman, two telegrams, the one sent on February 12, 1888, announcing to him the dangerous illness of his father, and the other, sent on February 16, informing him of his death, and when he would be buried. They were sent from Franklin, Kentucky, to Bowling Green, Kentucky, a distance of about twenty miles. The appellant then resided in the latter city, and learning upon the street of the death of his father he called at the…
2Cases cited2 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
3Cited by42 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Graham v. Western Union Telegraph Co.Supreme Court of Louisiana · 1903
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