Jacobs v. Postal Telegraph Cable Co.
Mississippi Supreme Court
Jacobs v. Postal Telegraph Cable Co., 76 Miss. 278 (Miss. 1898)
Whitfield
Jacobs v. Postal Telegraph Cable Co.
Opinion of the Court
delivered the opinion of the court.
On the case made by the declaration, the appellant was not entitled to recover the special damages claimed, but he was entitled to the statutory penalty. As the demurrer was a general one to the whole declaration, and was not good as to the entire relief, it should have been overruled. It was error, of course, to dismiss the suit on the alleged want of jurisdiction. Jurisdiction as to the amount in controversy was to be determined by the whole amount in controversy, and not by what was left to contend over after the ruling of the court excluding special damages claimed. Cumming v. Daughety, 73 Miss., 405.
Reversed, demurrer overruled, and remanded with leave to plead over.
Reference
- Full Case Name
- Samuel Jacobs v. Postal Telegraph Cable Co.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Telegraph Company. Delay. Special damages. Notice. Failure to seasonably deliver the following message: “ Wait. I mail letter this day with particulars,” will not render a telegraph company, having no notice of the importance of the communication, liable to the damages accruing to the sendee because of the loss of a business situation. 2. Pleading and Practice. Demurrer to whole declaration. A general demurrer to an entire declaration should be overruled if' not good as to any of the grounds alleged for relief. 3. Jurisdiction. Circuit covni. Amount in controversy. Jurisdiction as to the amount in controversy is to be determined by the whole amount claimed by the plaintiff, and not by what is left to be contended for after the exclusion by the court of special damages.