Daughtery v. American Union Telegraph Co.
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. H. D. Glatton. The facts are stated in the opinion. (1) Among other grounds, the telegraph company insists that the appellant can not maintain his action, because the damages claimed were not within the contemplation of the company at the time the contract was made. The message was purely a cipher message, and the company was not infoi med of its meaning or value, at the time of its delivery for transmission.
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Appeal from Lee Circuit Court. Tried before Hon. H. D. Glatton. The facts are stated in the opinion. (1) Among other grounds, the telegraph company insists that the appellant can not maintain his action, because the damages claimed were not within the contemplation of the company at the time the contract was made. The message was purely a cipher message, and the company was not infoi med of its meaning or value, at the time of its delivery for transmission. The correct rule for the measure of damages is laid down in Hadley v. Baxendale, 9 Excli. 353, and is as follows: Where two parties have…
1Opinion of the CourtStone, J.
In suits such as this, to authorize recovery, the damages must be the natural and proximate consequence of the breach. Speculative or contingent damages can not be recovered. What is meant by the phrase, “natural consequence,” is the damage which would result in the usual course of things, as distinguished from accidental or collateral injury, or such as would spring out of special circumstances, not usually attendant upon such transactions. The foregoing rules are of universal acceptance, and are invoked in almost, or quite every judicial contention, growing out of breaches of executory…
2Cases cited25 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Passinger v. . ThorburnNew York Court of Appeals · 1866
20 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
52 more not listed; retrieve them via the Exa API.