Western Union Telegraph Co. v. Arnold

FISHER, Chief Justice.

During its last term this court certified to the Supreme Court the question whether the plaintiff’s petition stated a cause of action entitling the plaintiff to recover damages for mental suffering arising from the negligence of the appellant for failure to deliver the telegram upon which the cause of action is based. This embraced all the plaintiff’s claim, except an item of ‘25 cents, the cost of the message.

The Supreme Court in answering the question held that the petition did not state a cause of action, and in effect held that it was subject to a general demurrer.

The…