Durre v. Western Union Telegraph Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden-, Circuit Judge. The appeal is from an order granting plaintiff a new trial.
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Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden-, Circuit Judge. The appeal is from an order granting plaintiff a new trial. This was an action brought against the defendant-telegraph company to recover damages,for the mental anguish to the plaintiff caused by the failure of defendant to promptly deliver a telegram sent to her at Kenosha, Wisconsin, from Henderson, Kentucky, January 1, 1916, announcing the expected immediate death of plaintiff’s father. In the special verdict the jury found failure of ordinary care in the delivery of the message; that plaintiff…
1Opinion of the CourtEschweiler, J.
The plaintiff claims 'a right of action to recover for mental anguish resulting directly from and proximately occasioned by the negligence of the defendant telegraph company in delivering the dispatch, and it is based entirely upon sub. 5, sec. 1778, Stats., which changed the' rule of the common law on that subject as it had been recog*192nized by this court in Summerfield v. Western Union Tel. Co. 87 Wis. 1, 57 N. W. 973. This statute so recognizing tbe right to recover for mental anguish has been held a valid exercise of the legislative power. Nitka v. Western Union Tel. Co. 149 Wis. 106, 135…
2Cases cited29 opinions
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Southern Railway Co. v. Railroad Commission of IndianaSupreme Court of the United States · 1915
- Atchison, Topeka & Santa Fe Railway Co. v. RobinsonSupreme Court of the United States · 1914
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3Cited by13 opinions
- Norris v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Western Union Telegraph Co. v. KilgoreCourt of Appeals of Texas · 1919
- Frederick v. Western Union Telegraph Co.Supreme Court of Iowa · 1920
- Western Union Telegraph Co. v. BeachSupreme Court of Oklahoma · 1923
8 more not listed; retrieve them via the Exa API.