Western Union Telegraph Co. v. Winfree

CARR, Judge.

The plaintiff’s complaint is in two counts, each claiming damages only for mental pain and anguish. The counts of the complaint allege that defendant negligently failed to deliver two money orders which the plaintiff sent over defendant’s wires from the State of Alabama to the State of Texas.

The appellant here (defendant below) insists that the complaint was subject to the interposed demurrers which posed the position that the cause is counted in tort and in this character of action there can be no recovery for mental pain and anguish in the absence of claim and proof of damages…