53 S.C. 410 | S.C. | 1898
Tbe opinion of the Court was delivered by
This action is for damages for failure to seasonably deliver a telegraphic message. The appeal is from an order overruling a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, in that the damages alleged were not the direct and proximate result of the alleged failure to promptly deliver said message. It appears from the complaint that Samuel Wallingford and his son, S. E. Wal-lingford, are partne'rs in the business of selling mules, in Sheridan, Indiana, and that the father resided at Green-wood, South Carolina. On the 27th day of December, 1895, the defendant corporation received from S. E. Wallingford, at Sheridan, Ind., and for a consideration received, agreed to transmit and deliver to Samuel Wallingford, at Greenwood, S. C., the following message: “Shall I sell Simms & Wedham load for hundred four months six per cent.?” meaning, “Shall I sell Simms & Wedham a car load of mules, consisting of thirty head, at $100 per head on four months time at six per cent, interest?” This message was received by the defendant’s agent at Greenwood S. C., on the 27th December, 1895, and, as alleged, the defendant carelessly and negligently failed to deliver same to Samuel Walling-ford for more than a week thereafter. It appears also that plaintiffs would have sold the .mules at the price named but for the negligent failure to deliver the message within a reasonable time. The damages alleged were as follows:
It is not, and could not be, questioned that a telegraph company is liable for damages that ate the natural and proximate result of its negligence to seasonably deliver a message received by it for transmission and delivery. The question here is whether the damages as alleged in the complaint are of the kind named. Damages are a natural result when they are such as usually follow in the ordinary course of things, and they are proximate when they result directly, not remotely, from the alleged cause. Such damages are recoverable because they are supposed to be within the contemplation of the parties when they contract. In this case, the loss of the sale of the mules on the terms named was the direct and natural result of the failure to deliver the message, as it is admitted by the demurrer that such sale would have been consummated if the message had been delivered in time. Whether this damaged plaintiffs, depends on whether the market value of the mules at the time the message ought to have been delivered was less than the price offered. The measure of damages in such a
The judgment of the Circuit Court is affirmed.