Western Union Telegraph Co. v. Fellner
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Rdgar R. Bryant, Judge. Before a recovery can be had for more than nominal damages an actual and substantial loss suffered must be shown. 44 Ark. 439. No loss is shown beyond the price of the telegram. There is no proof that he would have sold on the 31st of August. The general rule is that anticipated profits cannot be recovered.
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Appeal from Sebastian Circuit Court, Fort Smith District. Rdgar R. Bryant, Judge. Before a recovery can be had for more than nominal damages an actual and substantial loss suffered must be shown. 44 Ark. 439. No loss is shown beyond the price of the telegram. There is no proof that he would have sold on the 31st of August. The general rule is that anticipated profits cannot be recovered. In 7 Hill, 61, there was a contract to deliver, and plaintiff was allowed to recover the difference it would have cost him to perform the contract and the price he was to receive. Profits upon a contract…
1Opinion of the CourtHughes, J.
This is an appeal from a judgment for damages against the Telegraph Company, for failure to deliver a message sent by the appellee, Fellner, over its line. There is a cross-appeal by Fellner.
The case was tried by the court wdthout a jury, and the court made the following findings of facts and declarations of law :
“That on the night of August 26, 1891, plaintiff delivered to defendant, in Fort Smith, Ark., the following-message: ‘Henry Clews & Co., Broad St., N. Y. Buy me 100 Burlington & Quincy common stock, and 10,000 Sante Fe incomes. Wire price. S. Feeener.’ That said message was an order…
2Cases cited1 opinion
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
3Cited by5 opinions
- Western Union Telegraph Co. v. CaldwellSupreme Court of Arkansas · 1918
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Brewster v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Western Union Telegraph Co. v. AskewSupreme Court of Arkansas · 1909
- James v. Western Union Telegraph Co.Supreme Court of Arkansas · 1908