MacKay Telegraph & Cable Co. v. Martin

It is insisted that the case of Telegraph Co. v. Tice, 149 S. W. 1078, is in direct conflict with the ruling in the instant case. We do not think that case is at variance or in conflict with the present case. The question involved in the Tice Case was whether or not mental anguish alone was recoverable as damages'. We intended to hold, and so interpret our ruling, that mental anguish was recoverable in that case. We used this language:

“Hence, according to our view, it is immaterial whether this be treated as "a Texas or an Arkansas contract; in either event, the result would be the same.”

And…