Western Union Telegraph Co. v. Rogers
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion, states the case. 1. The great weight of authority is in favor of the proposition that mental suffering or disappointment unaccompanied by physical injury will not support an action for damages in a case of negligence only. Canning v. Wittiamstown, 1 Cush. (Mass.) 451; Lynch v. Knight, 9 H. L. 577 ; Johnsons.
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From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion, states the case. 1. The great weight of authority is in favor of the proposition that mental suffering or disappointment unaccompanied by physical injury will not support an action for damages in a case of negligence only. Canning v. Wittiamstown, 1 Cush. (Mass.) 451; Lynch v. Knight, 9 H. L. 577 ; Johnsons. Wells, 6 Nev. 224; Wood’sMayne on Dam. 70 et seq. ; Shear. & Redf. on Neg. § 757 et seq.; Bige-low’s Lead. Cas. on Torts, § 619 et seq.; Field on Dam. 39; Wharton on Neg. §§ 339, 438, 756; 1 Sedgwick on…
1Opinion of the Court
Cooper, J.,
delivered the opinion of the court. '
A telegram was sent from Chattanooga, Tenn., to the plaintiff who resides in Meridian, Miss., informing him of the death of-his brother, and the time and place at which he would be buried. If this dispatch had been seasonably delivered, the plaintiff could and would have attended the burial. By negligence of’the agent of the defendant company at Meridian, it was not delivered until after the last train had left Meridian for Chattanooga, by which the plaintiff could have travelled to attend the funeral services. This suit was brought to recover…
2Cases cited19 opinions
- G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
14 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- First National Bank v. LangleyMississippi Supreme Court · 1975
- Koerber v. PatekWisconsin Supreme Court · 1904
- Lyons v. Zale Jewelry Co.Mississippi Supreme Court · 1963
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
37 more not listed; retrieve them via the Exa API.