Johnson v. Western Union Telegraph Co.

Mississippi Supreme Court
Johnson v. Western Union Telegraph Co., 79 Miss. 58 (Miss. 1901)
Terral

Johnson v. Western Union Telegraph Co.

Opinion of the Court

Terral, J.,

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 *61Georgiana, Ala. Do you want any ? Hancock will be Georgi-ana after Thursday. Speak quick. R. M. Quigley & Co.” The declaration for damages by Johnson alleges that he wanted work, had worked before with Quigley & Co., and would, if he had received the telegram, have gone to Georgiana, where Quigley & Co. had a large contract for the construction of a railroad,’and that he would have entered into a contract for the doing of a part of said work, and would have made a large sum of money upon said contract.

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.