Western Union Telegraph Co. v. Ford
Court of Appeals of Georgia
Complaint; from city court of Moultrie — Judge McKenzie. May 14, 1910. Mrs. Ford sued the Western Union Telegraph Company for damages resulting to her from negligent delay in delivering a telegram. The allegations of the petition, in substance, make the following case: The plaintiff lived in the country, about fifteen miles southeast of Moultrie and five or six miles west of Barney, in Brooks county, Georgia.
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Complaint; from city court of Moultrie — Judge McKenzie. May 14, 1910. Mrs. Ford sued the Western Union Telegraph Company for damages resulting to her from negligent delay in delivering a telegram. The allegations of the petition, in substance, make the following case: The plaintiff lived in the country, about fifteen miles southeast of Moultrie and five or six miles west of Barney, in Brooks county, Georgia. She was suffering “from purulent conjunctivitis, there being symptoms of iritis.” For this affection of the eye she was under the treatment of a specialist, who resided in Moultrie. This…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The writ of error challenges, on two grounds, the correctness of the judgment overruling the demurrer. First, the suit is to recover damages for mental anguish and physical pain not based upon or resulting from the wrongful commission of an overt act, or an affirmative tort; 'and, under the rule of law in this State, damages of this character are not recoverable. Second, the damages alleged are not the proximate result of the negligence complained of, are speculative and remote, only the imaginary or possible result of the tortious act, and other and…
2Cases cited10 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- Gores v. GraffWisconsin Supreme Court · 1890
- Seifert v. Western Union Telegraph Co.Supreme Court of Georgia · 1907
- Sappington v. Atlanta & West Point RailroadSupreme Court of Georgia · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
- Georgia Power Co. v. BraswellCourt of Appeals of Georgia · 1934
- Glawson v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1911
- Western Union Telegraph Co. v. FordCourt of Appeals of Georgia · 1912
- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
7 more not listed; retrieve them via the Exa API.