Jacobs v. Postal Telegraph Cable Co.
Mississippi Supreme Court
From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. Samuel Jacobs, the plaintiff in the court below, now appellant, sued the Postal Telegraph Cable Co., the defendant and appellee, for damages, charging unreasonable delay in the delivery of a telegram sent him from Port Gibson, Miss., to Leland, Miss., November 25, 1897, addressed to plaintiff in care of J. W. Tate. The telegram was in these words: <£ Wait. I mail letter this day with particulars.”
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From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. Samuel Jacobs, the plaintiff in the court below, now appellant, sued the Postal Telegraph Cable Co., the defendant and appellee, for damages, charging unreasonable delay in the delivery of a telegram sent him from Port Gibson, Miss., to Leland, Miss., November 25, 1897, addressed to plaintiff in care of J. W. Tate. The telegram was in these words: <£ Wait. I mail letter this day with particulars.” The declaration averred that the message was duly received by defendant’s operator at Leland on the day of its date; that…
1Opinion of the CourtWhitfield, J.
On the case made by the declaration, the appellant was not entitled to recover the special damages claimed, but he was entitled to the statutory penalty. As the demurrer was a general one to the whole declaration, and was not good as to the entire relief, it should have been overruled. It was error, of course, to dismiss the suit on the alleged want of jurisdiction. Jurisdiction as to the amount in controversy was to be determined by the whole amount in controversy, and not by what was left to contend over after the ruling of the court excluding special damages claimed. Cumming v. Daughety,…
2Cases cited1 opinion
- Cummings v. DaughetyMississippi Supreme Court · 1895
3Cited by1 opinion
- Boler v. MosbyMississippi Supreme Court · 1977