Gibbs v. Western Union Telegraph Co.

Interstate messages are governed by the Eederal rule which does not allow damages for mental suffering, pain or anguish, but only where “injury is done to person, property, health or reputation.” It has been the unanimous holding in this jurisdiction that re covery can be bad for mental suffering, pain or anguish for actionable negligence in the transmission of messages. Waters v. Tel. Co., 194 N. C., 188.

It will be noted that at the close of plaintiff’s evidence the defendant rested. There was no motion to nonsuit under C. S., 567. This was a waiver as to the insufficiency of the evidence to…