Western Union Telegraph Co. v. Nix

In order to authorize the recovery of punitive- or exemplary damages for the failure on the part of the telegraph company to deliver a telegram, it is incumbent upon the plaintiff to show that the damage grew out of “wilful misconduct, malice,, fraud, wantonness, or oppression, or that entire want of care which would raise the presumption of a conscious indifference to the-consequences.” Cole v. Western Union Telegraph Co., 23 Ga. App. 479 (98 S. E. 407). Nowhere in the petition is there an-allegation indicating upon its face, or by inference or implication,, that the defendant’s conduct was…