Lee v. Western Union Teleg. Co.
Court of Appeals of Kentucky
CASE 26. — ACTION BY COLUMBUS LEE AGAINST THE WESTERN UNION TELEGRAPH COMPANY FOR FAILURE TO DELIVER A DEATH TELEGRAM. — Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. In' the case of Randall v. Western Union Tel. Co., Vol. 32 Ky. Law Rep. this court said.
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CASE 26. — ACTION BY COLUMBUS LEE AGAINST THE WESTERN UNION TELEGRAPH COMPANY FOR FAILURE TO DELIVER A DEATH TELEGRAM. — Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for defendant. Plaintiff appeals. — 1. In' the case of Randall v. Western Union Tel. Co., Vol. 32 Ky. Law Rep. this court said. “This court is committed to the doctrine that a Telegraph Company is answerable in damages for mental suffering caused by its failure to deliver a social message by reason of which the person addressed is prevented from attending at the bedside or the funeral of a near…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Affirming.
This action was brought by the appellant to recover damages from the appellee company, growing out of its failure to deliver within a reasonable time a message notifying him that his aunt was dead. A demurrer was sustained to the petition upon the ground that the relationship between • the deceased and the addressee in the telegram was not within the degree that entitled him to recover damages for mental anguish in being prevented by the negligence of the company from attending the burial and funeral of his aunt.
The question involved in this…
2Cases cited7 opinions
- Western Union Telegraph Co. v. Van CleaveCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. SteenbergenCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. CaldwellCourt of Appeals of Kentucky · 1907
- Western Union Telegraph Co. v. FisherCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. LacerCourt of Appeals of Kentucky · 1906
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3Cited by1 opinion
- Southwestern Telegraph & Telephone Co. v. AndrewsCourt of Appeals of Texas · 1914