Mackay Telegraph & Cable Co. v. Vaughan
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; Appellee has failed to establish a cause of action under the statute. His ground of recovery is too remote, intangible and visionary.
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; Appellee has failed to establish a cause of action under the statute. His ground of recovery is too remote, intangible and visionary. The right to recover under the mental anguish statute has been limited by this court to “the real ills, griefs and sorrows of life.” 106 Ark. 559; 83 Ark. 476-480; 96 Ark. 218; 98 Ark. 347; 101 Ark. 491. This case comes within the rule announced in Western Union Telegraph Company v. Long, 90 Ark. 203. See, also, 84 Ark. 501; 92 Ark. 62. We think that the rule announced in Western Union Telegraph Company…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action against appellant telegraph company to recover damages on account of mental anguish alleged to have been suffered by reason of delay in transmitting a telegraph message from Helena, Arkansas, the place of appellee’s residence, to his mother at Cumberland, Virginia.
Appellee had been living in Helena a little over a month, and his infant child was in bad health and under the care of a physician, who recommended that the babe be sent away for a change of climate. His mother lived at Cumberland, Virginia, and kept house there and took a few boarders. He had a…
2Cases cited5 opinions
- Western Union Telegraph Co. v. HollingsworthSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. ArchieSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. ReedCourt of Appeals of Texas · 1904
- Howard v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
3Cited by2 opinions
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- C. D. Shamburger Lumber Co. v. HolbertCourt of Appeals of Texas · 1931