Western Union Telegraph Co. v. Osborn
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; R. II. Dudley, Judge; 1. Plaintiff could only recover for loss actually suffered and not for loss of expected profits. 1 Suth. on Dam. 17, 18; 1 Sedgwick on Dam., § 30; 13 Cyc. 22; 53 Ark. 434, 443; 54 Id. 22; 74 Id. 358, 360. See also 86 Ark. 276; 59 S. W. 918; 83 Id. 364; 84 N. W. 1038; 41 la. 458. 2. The court erred in permitting the plaintiff to state what he could have sold the cotton for if the New York market…
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Appeal from Craighead Circuit Court, Jonesboro District; R. II. Dudley, Judge; 1. Plaintiff could only recover for loss actually suffered and not for loss of expected profits. 1 Suth. on Dam. 17, 18; 1 Sedgwick on Dam., § 30; 13 Cyc. 22; 53 Ark. 434, 443; 54 Id. 22; 74 Id. 358, 360. See also 86 Ark. 276; 59 S. W. 918; 83 Id. 364; 84 N. W. 1038; 41 la. 458. 2. The court erred in permitting the plaintiff to state what he could have sold the cotton for if the New York market had been as shown in the report delivered to him. His statement is purely speculative. 3. The court erred in its…
1Opinion of the CourtHart, J.
This is an appeal from a judgment rendered in favor of P. S. Osborn against the Western Union Telegraph Company for damages claimed to have resulted from an error in a report of the cotton market made by the telegraph company, to him. In September, 1916, P. S. Osborn entered into a written contract with the Western Union Telegraph Company to furnish him the market reports of the New York Cotton Exchange at stated intervals each day for a certain stipulated price. Osborn was engaged in business at Jonesboro during that fall as a cotton buyer. He bought cotton, not only in the city of…
2Cases cited1 opinion
- Des Arc Oil Mill v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
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