Chapman v. Western Union Telegraph Co.
Supreme Court of Georgia
Damages. Telegraph companies. Before Judge Ross. City court of Macon. June term, 1891. Action by Chapman for failure to deliver, with due diligence, a telegraphic message addressed to him, the declaration containing a count for the statutory penalty, and counts for special damages from mental pain and anguish suffered by the plaintiff. A demurrer to the latter counts was sustained, and the plaintiff excepted. He obtained a verdict for the penalty.
1Opinion of the Court
Lumpkin, Justice.
The exact question, briefly stated, is whether a person to whom a telegraphic message announcing the dying condition of a brother was sent, but by gross negligence of the company was not delivered with due promptness, so that he was unable to reach the brother’s bedside before death transpired, can recover substantial *764damages for the mental suffering caused by the company’s failure of duty. The plaintiff' does not claim to have sustained any pecuniary loss, but'seeks recompense for the mental anguish due to losing the opportunity of being with his brother in his last hours.
The…
2Cases cited51 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
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3Cited by113 opinions
- Knierim v. IzzoIllinois Supreme Court · 1961
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Westview Cemetery, Inc. v. BlanchardSupreme Court of Georgia · 1975
- OB-Gyn Associates of Albany v. LittletonSupreme Court of Georgia · 1989
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