Mood v. W. U. Telegraph Co.

Citations

• 40 S.C. 524
• 19 S.E. 67
• 1894 S.C. LEXIS 164

Syllabus

<p>1. Telegrams — Non-Delivery— Complaint. — In action for damages to plaintiff, a physician, from loss of a fee by the non-delivery and delayed delivery of telegrams, which called for the services for which the fee would have been charged, it seems that the complaint should allege that the defendant telegraph company had notice of the loss that would result from the failure to promptly deliver these telegrams.</p> <p>2. Ibid. — Ibid.—Ibid.—Evidence.—A complaint which alleges damages to plaintiff by the non-delivery and delayed delivery of telegrams calling for plaintiff’s services as a physician, and his loss of a fee for such services, does not make a case of general or exemplary damages, but of special or consequential damages ; in which case it is necessary to allege the special damages sustained. There being no such allegation in this complaint, testimony of special damages was inadmissible.</p> <p>3. Amendments. — Judgment reversed and new trial granted, with leave to plaintiff to amend his complaint.</p>