Johnson v. Western Union Telegraph Co.
Johnson v. Western Union Telegraph Co.
Opinion of the Court
delivered the opinion of the court.
E. M. Quigley & Co., of St. Louis, on July 27, 1898, sent to appellant the following telegram: “ E. A. Johnson, More-head, Miss.: We have million yards, pay both ways; work
We think the damages here sued for are too remote to be recovered. If the telegram had been received, it only gave appellant an opportunity for making a contract for railroad work, which he might have made or might not have made; and, if he had made a contract for work, what he should have made thereon would have been subject to several contingencies. In other words, the damages here claimed are not the direct result of the breach of duty complained of. They do not naturally, or necessarily or probably, arise from the wrong done; and, because the damages claimed are remote and uncertain, the appellant may not recover. Railroad Co. v. Ragsdale, 46 Miss., 458; 1 Suth. on Damages, sec. 15; Telegraph Co. v. Hall, 124 U. S., 444 (s.c. 8 Sup. Ct., 577; 31 L. Ed., 479).
Affirmed.
Reference
- Full Case Name
- Elbert A. Johnson v. Western Union Telegraph Company
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Telegraph Company. Failure to deliver telegram. Damages, proximate and remote. Profits. A failure to deliver a telegram giving the sendee merely an opportunity to make a contract, will not make the telegraph company liable in damages for the sendee's loss of profits which he possibly could have made had he entered into the contract. Such damages are too remote and uncertain.