Walker v. Western Union Telegraph Co.

Citations

• 19 S.E. 366
• 114 N.C. 440

Syllabus

<p>Negligence — Telegraph Company — Failure to Deliver Telegram — • Consequential Damages — Nominal Damages.</p> <p>3. Consequential damages, to be recoverable in an action of tort, must be the proximate consequence of the act complained of; and such damage must be capable of computation with reasonable certainty.</p> <p>2. Where defendant telegraph company failed to deliver to plaintiff' a „ message sent to the latter by the Comptroller of the Currency as follows: “Would you accept receivership of First National Bank, Wilmington? Bond S35,000; compensation S200 per mouth, subject to future modification,” and the pleadings in an action for damages for such failure to deliver raised no question as to exemplary damages, the plaintiff was entitled to recover only nominal damages, inasmuch as if the message had been received and an affirmative reply sent there would have been no legal obligation upon the Government or its appointing power to confer the office upon the plaintiff.</p>