Western Union Telegraph Co. v. Albertville Canning Co.
Alabama Court of Appeals
Appeal from Marshall Circuit Court . Heard before 1-Ion. W. W. Haralson. Action by the Albertville Canning Company against the Western Union Telegraph Company, for failure to deliver a message. Judgment for plaintiff and defendant appeals.
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Appeal from Marshall Circuit Court . Heard before 1-Ion. W. W. Haralson. Action by the Albertville Canning Company against the Western Union Telegraph Company, for failure to deliver a message. Judgment for plaintiff and defendant appeals. The decay of vegetables on account of the non arrival of cans, was, under the circumstances in this case, special damages, and not a proper element of recovery. — Hadley v. Baoeendale, 9 Exch. 341; W. U. T, Co. v. Way, 83 Ala. 542; Bell v. Reynolds, 78 Ala. 511; Daugherty v. A. Ü. T. Co., 75 Ala. 174; Bo. Ry. Co. v. Mooy, 58 South. 1016; "24 L. R. A. (N.…
1Opinion of the Court
de GRAFFENRIED, J.
In Alabama the general rule is that all damages which are suffered by a party to an executoi*y contract by reason of the breach of the contract by the opposite party, and which are the natural and proximate consequences of such breach, are recoverable. This rule is qualified by the statement that merely speculative or contingent damages are not re*346coverable, and by the further statement that, where one of the parties to the contract is so situated that, if the contract is breached by the opposite party, the party aggrieved will, as the natural and proximate result of the…
2Cases cited8 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Bixby-Theirson Lumber Co. v. EvansSupreme Court of Alabama · 1910
- W. T. Adams' Machine Co. v. South State Lumber Co.Alabama Court of Appeals · 1911
- Mitchell v. Western Union Telegraph Co.Court of Appeals of Texas · 1896
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3Cited by2 opinions
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Illinois Central R. R. v. BrothersAlabama Court of Appeals · 1914