Western Union Telegraph Co. v. Jackson
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Miss Jackson, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court.
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From the circuit court of Lincoln county. Hon. Moyse H. Wilkinson, Judge. Miss Jackson, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. Appellee sued the telegraph company to recover punitive damages for its failure to promptly deliver a prepaid telegram from a friend, directed to her at Summit, Mississippi, announcing the death of her brother at Jackson, Mississippi. The telegram was by the sender given to the company’s agent at Jackson a few minutes after one…
1Opinion of the Court
Smith, J.,
delivered tbe opinion of tbe court.
Tbe admission of tbe evidence of statements made by appellant’s messenger boy to plaintiff and Rose Washington, several days after tbe delivery of tbe telegram, with reference to' tbe time of its receipt at appellant’s office in Summit, was error. Forsee v. Railroad Company, 63 Miss. 66, 56 Am. Rep. 801; Bernheim v. Hahn, 65 Miss. 459, 1 South. 539.
As there was no element of punitive damages disclosed by tbe evidence, it was also error for tbe court to submit that question to the jury.
Reversed and remanded.
2Cases cited2 opinions
- Forsee v. Alabama Great Southern RailroadMississippi Supreme Court · 1885
- Bernheim Bro's & Uri v. Hahn & PidalMississippi Supreme Court · 1888
3Cited by3 opinions
- Memphis Steam Laundry-Cleaners, Inc. v. LindseyMississippi Supreme Court · 1941
- Brinson v. BrinsonSupreme Court of Louisiana · 1955
- Western Union Telegraph Co. v. WaltersMississippi Supreme Court · 1913