Western Union Telegraph Co. v. Crall
Decision Date | 09 June 1888 |
Citation | 18 P. 719,39 Kan. 580 |
Parties | THE WESTERN UNION TELEGRAPH CO. v. JESSE C. CRALL |
Court | Kansas Supreme Court |
Error to district court, Atchison county; D. MARTIN, Judge.
Motion for Rehearing.
The facts are stated in Telegraph Co. v. Crall, 38 Kan. 679, et seq., and in the opinion herein, filed at the June, 1888 session of the court.
Judgment affirmed.
Waggener Martin & Orr, for plaintiff in error.
Tomlinson & Eaton, for defendant in error.
A motion for a rehearing has been filed in this case, and the principal question made upon the presentation of the motion is, that the trial court erroneously allowed in its assessment of damages one hundred dollars as the value of the use of the horse, over and above the expenses of his keeping. A reexamination of the record shows that two witnesses testified that the horse was worth ten dollars per day. This furnished the basis for the item of one hundred dollars allowed by the trial court. Upon cross-examination, both of these witnesses testified that the horse was intended to be used at the fair at Valley Falls the week that it was detained at Neosho Falls. Upon this matter, the witnesses testified as follows:
The law excludes uncertain and contingent profits, and also speculative profits or gains. No damages ought to have been allowed, based upon the probability of the horse being able to win prize purses in trotting races. (Telegraph Co. v. Hall, [S. C. U. S.,] 8 S.Ct. 577, and the authorities there cited.)
If the plaintiff below consents that one hundred...
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Youst v. Longo
...of a chance to win a prize purse at a trotting horse race was too speculative to support tort liability. (See Western Union Tel. Co. v. Crall (1888) 39 Kan. 580, 18 P. 719.) Applying the foregoing analysis to the instant case, it seems clear that plaintiff's complaint fails adequately to al......
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...not have been contemplated when the message was delivered. Chapman v. Telegraph Co., 90 Ky. 265, 13 S. W. 880. In Western Union v. Crall, 39 Kan. 580, 18 Pac. 719, it was held that damages could not be recovered on account of loss of anticipated gain based upon the probability of the plaint......
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