Jackson v. Western Union Telegraph Co.
Missouri Court of Appeals
.Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Evidence qf what might, should or could have taken place under conditions which never existed is too uncertain and speculative to constitute the basis-of a finding of damages. ’ Rimel v. Hays, 83 Mo. 200; Rutledge v. Railroad, 110 Mo. 312; Reynolds v. Telegraph Co., 81 Mo. App. 223; Baldwin v. Telegraph Co., 45 N. Y. 744; Hosiery Mills v. Tel.
Read the full summary
.Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) Evidence qf what might, should or could have taken place under conditions which never existed is too uncertain and speculative to constitute the basis-of a finding of damages. ’ Rimel v. Hays, 83 Mo. 200; Rutledge v. Railroad, 110 Mo. 312; Reynolds v. Telegraph Co., 81 Mo. App. 223; Baldwin v. Telegraph Co., 45 N. Y. 744; Hosiery Mills v. Tel. Co., 123 Ga. 216; Lumber Co. v. Telegraph Co., 52 W. Ya. 410; Tanning Ext. Co. v. Railroad, 143 N. C. 376; Smith v. Tel. Co., 83 Ky. 104; Hughes v. Tel. Co., 114 N. C. 70;…
1Opinion of the CourtAllen, J.
This is an action for damages alleged to have been suffered by plaintiff by reason of the negligent transmission by defendant of a telegram from St. Louis, Missouri, to Wibaux, Montana. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is a dealer in wool in the city of St. Louis, and one C. M. Dinsdale, of Wibaux Montana, was his agent for the purchase of wool, i. e., to contract in advance with wool growers for their crops of wool to be clipped and delivered later. On or about February 28, 1909, plaintiff received ■ from his said agent, at Wibaux, a telegram as follows:
“Twent…
2Cases cited12 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Bliesner v. G. Riesmeyer Distilling Co.Missouri Court of Appeals · 1913
- Pendegrass v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Craig v. United Railways Co.Missouri Court of Appeals · 1913
- Farmer v. St. Louis, Iron Mountain & Southern RailwayMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.