Hanna v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 89 Kan. 503
• 132 P. 154

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Breach of Implied Duty — Of Contract — Rule as to Measure of Damages. The principles of negligence and of liability therefor are the same whether. the negligence is a breach of duty implied by law, in the absence of all contract, or a breach of duty arising out of a contractual relation; the difference being only as to the extent of liability. Where the duty arises out of contract, such damages only can be recovered for a breach of the contract as,'under all the circumstances, could, at the time of the making of the contract, have been reasonably anticipated from a breach thereof.</p> <p>2. Railroad — Maintaining Telegraph Line — Liable for Delayed Telegram — Ultra Vires no Defense. A corporation, organized for the purpose only of doing a general railroad business in the carriage of persons and property and not to conduct a telegraph business, hut which maintains a telegraph line for its own convenience in conducting and expediting its business, when it receives a telegram to be transmitted over its telegraph line and receives a valuable benefit therefrom can not avail itself of the defense of ultra vires when the contract has been in good faith fully performed by the other party.</p>