Martin v. Western Union Telegraph Co.

DUFFY, District Judge.

This action, begun in the Circuit Court of Milwaukee County, was removed to this court on the grounds of diversity of citizenship. Recovery of $5,000 is sought for defendant’s alleged negligence in the transmission of an interstate telegraphic money order and supplemental message addressed to the plaintiff’s wife.

On pre-trial conference in this court the defendant asserted that on the basis of the plaintiff’s complaint no damages were recoverable against it, since such as are claimed were exclusively for mental anguish, unaccompanied by injury to person or property. This…