Kenyon v. Western Union Tel. Co.

Citations

• 100 Cal. 454
• 35 P. 75
• 1893 Cal. LEXIS 818

Syllabus

<p>Negligence—Liability of Telegraph Company—Speculative Damages —Pleading.—A complaint in an action against a telegraph company alleging that through the gross neglect of the defendant in wrongfully addressing a telegram, causing a delay in its delivery, the plaintiff was prevented from receiving an appointment as deputy city assessor, at a specified monthly salary, which he would have received if the message had been promptly delivered, and that he had sustained damage to the amount of five months’ salary, for which judgment is prayed, is subject to a general demurrer upon the ground that the damages are too speculative and uncertain to be recovered.</p> <p>Id.—Measure of Damages—Uncertainty.—Damages, or compensation, must be measured by the loss sustained, and where that loss cannot be ascertained, damages cannot be recovered.</p> <p>Id.—Appointment of Deputy—Term During Pleasure of Officer.— A deputy is appointed to hold during the pleasure of the officer appointing him, and an appointment as deputy does not imply a contract for . his employment for any length of time, it being possible that he might receive the appointment and be discharged the same day, either for cause or without cause.</p> <p>Id.—Nominal Damages—Maxim, De Minimis—Costs.—The fact that the plaintiff might be entitled to nominal damages for the negligence of the defendant does not make a judgment sustaining a general demurrer to the complaint erroneous, as nominal damages would not entitle the plaintiff to costs, and under the maxim, de minimis non curat lex, no question of permanent right exists between the parties, to be settled by a trial, and the demurrer is properly sustained.</p>