Newsome v. Western Union Telegraph Co.

T.J. Newsome (plaintiff) sent a telegram ordering expedited delivery of whisky for his raft hands, who had allegedly agreed to build and float timber and rosin rafts to Wilmington during a period of high river water only if given whisky, since they worked in a dry county. Newsome claimed he told the telegraph operator why he needed the whisky, but the operator mistakenly transcribed his signature as "T.J. Sessons" rather than Newsome, and the whisky never arrived; his crew then refused to work without it, causing him to miss the favorable river conditions. Newsome sued Western Union Telegraph Company (defendant) for his resulting lost profits, but the trial court found the damages too speculative to award, and Newsome appealed.