Harris v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Tlie judgment is contrary to law. Tlie damages were not limited by the printed notice. This case is governed by 133 Ark. 184 and B. & M. By. v. Piper, April 15, 1918, Adv. Sheets Law Co-op., p. 461. 2. Tbe judgment is contrary to the evidence.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Tlie judgment is contrary to law. Tlie damages were not limited by the printed notice. This case is governed by 133 Ark. 184 and B. & M. By. v. Piper, April 15, 1918, Adv. Sheets Law Co-op., p. 461. 2. Tbe judgment is contrary to the evidence. Appellant was entitled to $900 under tlie proof as Ms damages for negligence. 1. No recoverable damage' was alleged or proved. 65 Ark. 537, 540; 92 Id. 133-5. Plaintiff was bóund to take reasonable steps to sell. 102 Ark. 246; 84 Id. 401; Sedg. Dam., § § 201-5; 37 Cyc. 1757; 65 Ark. 537; 61 Id.…
1Opinion of the CourtSmith, J.
Appellant, J. B. Harris, delivered to appellee, Western Union Telegraph Company, a message for transmission to'Massey & Perrin, who were brokers and commission merchants in tbe city of Chicago. Tbe message delivered to tbe company for transmission read: “Sell ten July corn stop five cents both ways.” But, as delivered to tbe address in Chicago, it read: “Sell ten July corn stop four cents both ways.” Because of tbe error stated, appellant claims to have sustained an actual money loss of $400, and a loss of profit of $500, and be brought this suit to recover these damages. The court below sat…
2Cases cited5 opinions
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Des Arc Oil Mill v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
- Western Union Telegraph Co. v. AubreySupreme Court of Arkansas · 1896
- Western Union Telegraph Co. v. CaldwellSupreme Court of Arkansas · 1918
- James v. Western Union Telegraph Co.Supreme Court of Arkansas · 1908
3Cited by2 opinions
- Southwestern Bell Telephone Co. v. Bagley & Co.Supreme Court of Arkansas · 1929
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932