51 S.E. 773 | S.C. | 1905
These principles are recognized in Arial v. Tel. Co.,
The case of Mood v. Tel. Co.,
The plaintiff's name is not mentioned in the telegram; therefore, the message does not show upon its face that her suffering could have been reasonably anticipated, and was a result which, it could be said, the parties must have had in contemplation in entering into the contract. Nor are there any allegations in the complaint that the defendant had notice that the telegram was sent for her benefit. The complaint fails to show that she was entitled either to damages as the direct and proximate result of the wrongful act, or to special damages. His Honor, the Circuit Judge, therefore, erred in overruling the demurrer.
It is the judgment of this Court, that the judgment of the Circuit Court be reversed.