
    Western Union Tel. Co. v. F. R. Lively et al.
    (No. 3000.)
    Appeal from Montague County.
    
      (Transferred from Austin.)
    
    J. M. O’Neill and R. P. Willing, counsel for appellant.
    No counsel appeared for appellee.
    January 19, 1891.
   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.  