Western Union Telegraph Co. v. Barlow

Citations

• 51 Fla. 351

Syllabus

<p>1. The mere fact that a declaration, or count thereof, may set up elements that do not enter into the measure of damages, or greater damages, than, the case made legally entitles the plaintiff to recover, if any damages whatever may be recovered thereunder, though such damages be only nominal, does not make the declaration demurrable. Such questions are properly raised and settled by objections to the testimony at the trial, or by instructions to the jury as to the law applicable to the points raised, or may be cause for reforming the declaration under section 1043 Revised Statutes of 1892, when calculated to embarrass the fair trial of the case.</p> <p>5. The maxim “causa próxima, non remota, spectatur,” applies to suits for breaches of .contracts for the delivery of messages by telegraph companies, and where A sends a message from Orlando, Florida, to B at Jensen, Florida, in whose judgment and discretion the former had confidence, in these words: “Wire lowest price of car of pines, good sizes, Quick,” and a reply is promptly received from Jensen by A in these words: “Average, thirty-three, three hundred crates, Price four hundred dollars, Immediately,” Signed by C and not by B, and A afterwards telegraphs € in these words: “Will take the car, see T. Y. Moore (another party) Have wired him,” and afterwards pays C for the car, through Moore to whom he sent the money, and it turns out that the car of pineapples were of inferior quality, and A lost money on them, under the application of the foregoing maxim A has no cause of action against the telegraph company, because of the non-delivery of the - telegram to B except for the cost of sending the telegram to B, or nominal damages, and in a suit by A against the company for damages for such non-delivery, the latter i? entitled to an instruction to the jury to this effect.</p>