Summerfield v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from the Superior Court of Douglas County. Action for damages for delay in the delivery of a telegram. Plaintiff resided on a farm about ten miles from the village of Iron River, "Wis. His mother lived at Lisbon, N. D., with plaintiff’s brother, J. "W. Summerfield. Defendant had an office at each of these places.
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APPEAL from the Superior Court of Douglas County. Action for damages for delay in the delivery of a telegram. Plaintiff resided on a farm about ten miles from the village of Iron River, "Wis. His mother lived at Lisbon, N. D., with plaintiff’s brother, J. "W. Summerfield. Defendant had an office at each of these places. October 23,1892, J. W. Summerfield left at defendant’s office at Lisbon a message addressed to plaintiff, care of Burt Clark, Iron River, reading as follows: “ Mother is dying. Come immediately. J. "W". Summerfield.” The fees for the transmission of the message were paid, but…
1Opinion of the CourtWinslow, J.
The exact question presented by the instruction of the court to the jury is whether mental anguish alone, resulting from the negligent nondelivery of a telegram, constitutes an independent basis for damages.
At common law it was well settled that mere injury to the feelings or affections did not constitute an independent basis for the recovery of damages. Cooley, Torts, 271; Wood’s Mayne, Dam. (1st Am. ed.), § 54, note 1. It is true that damages for mental suffering have been generally allowed by the courts in certain classes of cases. These classes are well stated by Coopee, J., in his…
2Cases cited9 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Waube v. WarringtonWisconsin Supreme Court · 1935
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Koerber v. PatekWisconsin Supreme Court · 1904
26 more not listed; retrieve them via the Exa API.