Western Union Telagraph Co. v. McKenzie
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. Appellee’s anxiety, as shown by the proof, was without real foundation, due to her imagination, and was not that mental anguish for which the law will award compensation.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. Appellee’s anxiety, as shown by the proof, was without real foundation, due to her imagination, and was not that mental anguish for which the law will award compensation. Mental anguish “contemplates suffering in mind over the real ills, sorrows and griefs of life.” 83 Ark. 476; Id. 39; 90 Ark. 268. 2. Appellant is not liable for mental anguish due to special circumstances, notice of which was not communicated to it. 79 Ark. 331 14 111- App. 531. Appellee’s anxiety, as the proof shows, was due, not to her husband’s absence, but to…
1Opinion of the CourtRrauenThal, J.
This was an action instituted by the appellee to recover damages for mental anguish which she ■ alleged she sustained by reason of the negligent failure of appellant to promptly transmit and deliver a telegram to her. The appellee and her husband resided in the city of Little Rock, Arkansas. On the day the telegram involved ¿n this case was given to appellant for transmission and delivery, her husband, who was a traveling salesman, was in the State of Mississippi in the necessary prosecution of his business. On July 21, 1909, appellee gave birth to a child, and about 7 o’clock a. m. of that…
2Cases cited4 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. OastlerSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Peugh v. OligerSupreme Court of Arkansas · 1961
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
- Howard v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913