Western Union Telegraph Co. v. Reed
Western Union Telegraph Co. v. Reed
Opinion of the Court
On July 19, 1910, the appellant ([the defendant below) received from the appellee’s agent at Montgomery, Ala., for transmission, a telegram in the following words, addressed to the appellee at Dadeville, Alabama: “I recommend Atlanta City bonds, nine thousand, paying four twenty-five net. Balance Savings Association, all nontaxable. If satisfactory, Avhere shall 1 mail certificate for your signature. H. C. Stockdell.” The message was changed in its transmission by the substitution of the word “Atlantic” for the Avord “Atlanta,” as it appeared in the message delivered for transmission, making that part of the message, as it was delivered to the appellee on the same day read, “I recommend Atlantic City bonds.” The cost of the message, 61 cents, was by the appellant charged to the appellee, and was paid by him. The complaint claimed damages for the defendant’s violation of its contract in failing to transmit the message correctly. As it was amended, it contained two counts, one of which claimed as special damages the cost of a trip to Atlanta made by the plaintiff upon the receipt of the message, and the value of the time lost from his business by making the trip — that count averring that at and before the sending of the message the plaintiff and H. C. Stockdell were cotrustees of a certain fund,, amounting to a large sum, Avhich they desired to invest that the plaintiff “was acquainted with an issue of bonds knoAvn as Atlanta City bonds, and that he would, on the receipt of the message as delivered to the defendant at Montgomery, have been able, Avithout further inquiry or investigation, to determine and inform his co-trustee of the advisability of investing in such bonds. But plaintiff avers that, he had no acquaintance Avith the bonds described in said message as received as Atlantic City bonds, and was not informed as to their
The rule is familiar that for the breach of a contract only such damages are recoverable as are the natural ■and proximate result of its breach which reasonably might have been anticipated by the parties at the time the contract was entered into as a probable consequence of the breach, naturally to arise in the usual
The application of these rules to cases involving a breach by a telegraph company of the obligation assumed by it properly to transmit and deliver a message accepted by it for transmission has been illustrated in several decisions in this state.—Daugherty v. American Union Telegraph Co., 75 Ala. 168, 51 Am. Rep. 435; American Union Telegraph Co. v. Daugherty, 89 Ala. 196, 7 South. 600; Western Union Telegraph Co. v. Way, 83 Ala. 542, 557, 4 South. 844, 849. In the opinion rendered in the case last cited it was said: “That ■special circumstances which take the contract out of the usual course of things must be communicated in order to become an element of the duty in reference to the contract, and if unknown, damages suffered by reason of the existence of such special circumstances are not recoverable; but that, in all cases, the damages which would naturally, generally, and p-roximately result from a breach of the contract, ‘according to the usual course of things,’ are recoverable; whether or not actually contemplated by the parties, the law conclusively presumes them to have been in their contemplation.”
The question last stated will first be considered, as it is apparent from what has been said that an affirmative answer to it would dispense with any necessity of discussing the other question. It is not to be doubted that “where as the direct result of the negligence of the telegraph company plaintiff, or some one for whose traveling expenses he is responsible, makes a trip which, had it not been for the company’s breach of duty, it would not have been necessary to make, the telegraph company is liable for the necessary and reasonable expenses of the trip.” 37 Cyc. 1767. The telegram itself, standing- alone or considered in connection with another telegram to which it is an answer, may be of such a nature as to suggest that a failure to transmit it, or its incorrect transmission, might probably result in the sender or the person to whom it was addressed making, or having another for him to make, a trip for which otherwise there would have been no occasion. That was the nature of the message under consideration in the case of Duncan v. Telegraph Co., 93 Miss. 500; 47 South. 552 which is relied on by the counsel for the appellee
Can it be said that the" words of the message now under consideration gave such notice or information? There was nothing in the words of that message as it was accepted for transmission to indicate whether the person to whom it was addressed was then informed or ignorant of the merits or demerits of the Atlanta City bonds which were recommended. This being true, it could not with much plausability be claimed that a recommendation of Atlanta City bonds would have been even less likely to suggest to the person to whom the message was addressed the advisability of making a trip to Atlanta for the purpose of making an investigation than would have been a recommendation of the bonds of some other city. The terms of the message as it was prepared by the sender were as well calculated to suggest to one ignorant of the matter to which it was referred or of the relations between the sender and the person addressed that it was in response to a request of the latter for such a recommendation, and that its receipt by him would end or settle an inquiry or investigation on his part, as that it might be the occasion of his starting an investigation as to the securities recommended. Indeed, it would be the merest guesswork to iufer from the reading of such a telegraphic recommendation of certain securities that it is calculated to settle or to start an investigation of them by the person addressed, or to cause him to make a trip to a certain place, or any trip at all, for that purpose. Even if it could be said that it is a reasonable inference from such a message that it would lead the person addressed to make an investigation of the securities mentioned, ■it would be pure surmise to say that he would probably
In the absence of any evidence tending to show that the appellant had any knowledge, information, or notice as to the matter referred to in the message except such as the words of the message itself afforded, it is plain that it is not liable for special damages which the plaintiff may have sustained, possibly as the natural result of his receipt of such a message as was delivered to him, in view of liis actual relations with the subject matter and the sender of the message, which were known to him, but were unknown to the appellant. In some of the cases referred to by the counsel for the appellee — for instance, the case of Sprague v. Western Union Telegraph Co., 6 Daly (N. Y.) 200 — special damages were allowed because of information imparted by the sender of the message to the employe of the company who accepted it, at the time of its acceptance, of the existence of the particular situation which would naturally give rise to such special damages in the event of the breach of obligation of which the telegraph company was guilty. Such rulings are not applicable to the state of facts here presented, because of the absence
The reasoning which led to the rulings made in the cases of Southern Railway Co. v. Webb, 143 Ala. 304, 315, 39 South. 262, 111 Am. St. Rep. 45, and Southern Railway Co. v. Coleman, 153 Ala. 266, 44 South. 837, on states of facts bearing some analogy to the state of facts presented in this case, leads to the conclusion that the damages claimed by the appellee because of the expenses incurred by him in his trip to Atlanta, and his loss of time consequent upon the making of that trip, cannot be considered as natural or proximate results which might reasonably have been anticipated by the appellant, at the time it received the message, in ignorance of the special circumstances which occasioned the sending of it, as likely to ensue, in the usual course of things, from the breach of obligation of which it was guilty; but are to be regarded as special damages, or such as would not naturally have been expected to result, ordinarily and in the usual course of things, from that breach of duty but for the existence of the particular state of facts, collateral to the contract, and not suggested or disclosed by it, and which are not recoverable, because of the appellant’s lack of knowledge, information or notice of such exceptional circumstances.—Guilford & Deal v. Western Union Telegraph Co., 163 Ala. 1, 4, 50 South. 112.
Under the allegations of the third count of the complaint, and the general claim of damages therein made, supported by the proof of the payment by the appellee of the charge made for a message which was not delivered as it was sent, the appellee is entitled to recover 61 cents, the amount paid by him on that account, with interest thereon.—Western Union Telegraph Co. v. Crumpton, 138 Ala. 632, 36 South. 517. The judgment
Reversed and rendered.
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