Kerns v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) There is nothing in the testimony to show whether or not plaintiffs lost anything in this transaction. They were unable to state exactly the amount that they received or the amount of the freight paid, and as loss or probable or special profits are not subject to legal determination, there can be no recovery in this ease.
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Appeal from Adair Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) There is nothing in the testimony to show whether or not plaintiffs lost anything in this transaction. They were unable to state exactly the amount that they received or the amount of the freight paid, and as loss or probable or special profits are not subject to legal determination, there can be no recovery in this ease. Douglass v. Stevens, 18 Mo. 362; Telegraph Co. v. Hall, 124 U. S. 444; Reynolds v. Telegraph Co., 81 Mo. App. 223; and eases cited therein. (2) The failure to deliver the message was not the proximate cause…
1Opinion of the Court
TRIMBLE, J. —
In this case plaintiffs sue for damages said to have been caused by the alleged failure of defendant to promptly transmit and deliver a telegram sent from Kirksville to St. Louis on July 26, 1910. The proof showed (and no controversy is made over it) that the message was delivered to the operator in defendant’s office at Kirksville at 1:40 p. m.; that the usual charge for transmission was paid; that the time required to transmit and deliver a message from Kirksville to any point within the free delivery limits of St. Louis, in which limits the addressee of the mes*645sage had his…
2Cases cited6 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Western Union Telegraph Co. v. DuboisIllinois Supreme Court · 1889
- Fitch v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- McCarty v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brown v. McIBS, Inc.Missouri Court of Appeals · 1986
- Sides v. Contemporary Homes, Inc.Missouri Court of Appeals · 1958
- Faulkner v. Western Union Telegraph Co.Missouri Court of Appeals · 1929
- Jacobs v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.