Western Union Tel. Co. v. Lively

Court of Appeals of Texas

Western Union Tel. Co. v. Lively

4 Willson 291

CourtCourt of Appeals of Texas

DecidedJanuary 19, 1891

DocketNo. 3000

StatusPublished

This text of 4 Willson 291 (Western Union Tel. Co. v. Lively) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Western Union Tel. Co. v. Lively, 4 Willson 291 (Tex. Ct. App. 1891).

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Opinion

Opinion by

Will-son, J.

§ 192. Judgment by default; special damages not recoverable unless, etc. Appellees recovered judgment by default against appellant for $500, damages for failure to transmit and deliver a telegram for them to one House. Held: The damages claimed are special, such as would •not naturally and proximately result from a breach of the contract — not such as would reasonably be in the contemplation of appellant. To entitle appellees to a judgment for such damages, it devolved upon them to both allege and prove that, at the time of delivering the telegram to be transmitted, appellant had knowledge that a failure to transmit and deliver the same might result in causing such special damages to appellees. [Tel. Co. v. McKinney, 2 App. C. C., §§ 645, 646.] It is not so alleged in the petition, and the judgment is therefore erroneous.

Reversed and remanded.

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Opinion by

Will-son, J.

§ 192. Judgment by default; special damages not recoverable unless, etc. Appellees recovered judgment by default against appellant for $500, damages for failure to transmit and deliver a telegram for them to one House. Held: The damages claimed are special, such as would •not naturally and proximately result from a breach of the contract — not such as would reasonably be in the contemplation of appellant. To entitle appellees to a judgment for such damages, it devolved upon them to both allege and prove that, at the time of delivering the telegram to be transmitted, appellant had knowledge that a failure to transmit and deliver the same might result in causing such special damages to appellees. [Tel. Co. v. McKinney, 2 App. C. C., §§ 645, 646.] It is not so alleged in the petition, and the judgment is therefore erroneous.

Reversed and remanded.

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Bluebook (online)

4 Willson 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-union-tel-co-v-lively-texapp-1891.