Duncan v. Western Union Telegraph Co.
Mississippi Supreme Court
From the circuit court of Grenada county. Hon. J. T. Dunn, Judge. Duncan, appellant and cross-appellee, was plaintiff in the court below; the telegraph company, appellee and cross- appellants, was defendant there. From a judgment for a small sum in plaintiff’s favor he appealed to the supreme court and the defendant prosecuted a cross-appeal.
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From the circuit court of Grenada county. Hon. J. T. Dunn, Judge. Duncan, appellant and cross-appellee, was plaintiff in the court below; the telegraph company, appellee and cross- appellants, was defendant there. From a judgment for a small sum in plaintiff’s favor he appealed to the supreme court and the defendant prosecuted a cross-appeal. Duncan, appellant, had a son seventeen years old attending school in Virginia. -Not having heard from him in some time,, and being apprehensive that he might be ill, appellant, Duncan, sent a telegram to the superintendent of the school, inquiring about…
1Opinion of the CourtMayes, J.
We have carefully examined this case and all the authorities cited by counsel on either side. We find no error either on direct appeal or cross-appeal, and would affirm the case without written opinion, were it not for the fact that the main Object of the direct appeal is to have us overrule the case of Telegraph Company v. Rogers, 68 Miss. 748, 9 South. 823, 13 L. R. A. 859, 24 Am. St. Rep. 300, wherein it is held that no damage can be re covered on account of mental pain and anguish. The Rogers case was decided in 1891, and has stood as the law of this state for seventeen years. Since it…
2Cases cited2 opinions
- Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1891
- Hilley v. Western Union Telegraph Co.Mississippi Supreme Court · 1904
3Cited by6 opinions
- Mississippi Power Co. v. ByrdMississippi Supreme Court · 1931
- Kolliner v. Western Union Telegraph Co.Supreme Court of Minnesota · 1914
- Western Union Telegraph Co. v. KoonceMississippi Supreme Court · 1916
- Western Union Telegraph Co. v. RagsdaleMississippi Supreme Court · 1916
- Western Union Telegraph Co. v. ReedAlabama Court of Appeals · 1911
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