Western Union Telegraph Co. v. Lawson

The opinion of the court was delivered by

Greene, J. :

The plaintiff in error prosecutes this proceeding to reverse a judgment awarding actual and exemplary damages against it for the non-delivery of a death telegram. Two contentions are urged: (1) That exemplary damages cannot be awarded in any case unless the party is entitled to, and is awarded, actual damages ; that no actual damages were recoverable or awarded in this case, and, therefore, a judgment for exemplary damage is erroneous ; (2) that the evidence does not tend to show that plaintiff in error, in not more promptly delivering the…