Daniel v. W. U. Tel. Co.
Citations
- 61 Tex. 452
- 1884 Tex. LEXIS 124
Syllabus
<p>1. Telegraph messages —Measure op damages.— When the meaning of a telegraphic message is unknown to the company’s agent who receives and transmits the same, being in cipher, it cannot be assumed that the company could know that any pecuniary loss would be the natural or necessary re-suit of a failure to send such message; and in such a case, upon a breach of contract to transmit and deliver, the sender can recover only nominal damages, as the amount paid for sending the same. Following Candee v. W. U. Tel. Co., 34 Wis., 471, and other cases cited.</p> <p>2. Same — Negligence.— In such a suit, general allegations in the petition of a vague and indefinite character, as to the employment of an incompetent operator by the company, when disconnected with any specific statement of facts showing acts of negligence resulting in loss, will not be deemed sufficient to support a claim for exemplary damages.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant’s mother was peculiarly available due to the “close family relationship between mother and son,” as the facts made clear that her testimony would favor the defendant
Source: CourtListener parenthetical corpus (CC0).
Judges: App, Com, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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