Middleton v. Western U. Tel. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Action by Mrs. H. Y. Middleton against tbe Western Union Telegraph Company, for damages for delay in delivering telegram.’ Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. Action by Mrs. H. Y. Middleton against tbe Western Union Telegraph Company, for damages for delay in delivering telegram.’ Judgment for defendant, and plaintiff appeals. Tbe allegations of tbe complaint are in effect that H. Y. Middleton and tbe present plaintiff were tbe parents of an afflicted female child, which was a student and residing in tbe building maintained by tbe state of Alabama, for tbe instruction of the blind at Talledaga, Ala., and that on May 12th, there was a severe storm, and tbe morning papers following carried an account of Talladega…
1Opinion of the CourtAnderson, J.
— In some cases it has been held that there can be no recovery for mental anguish where the negligence of the defendant telegraph company merely causes a prolongation of mental anguish already existing, hut which a delivery of the message would have relieved. — 37 Cyc. 1786; Sparkman v. Western Union Co., 130 N. C. 447, 41 S. E. 881; Rowell v. Western Union Co., 75 Tex. 26, 12 S. W. 534, and other Texas cases. On the other hand, several very respectable courts have failed to appreciate a distinction between the production of mental anguish and the prolongation of same, and we agree with these…
2Cases cited14 opinions
- Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Connelly v. Western Union Telegraph Co.Supreme Court of Virginia · 1902
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Willis v. West. Union Tel. Co.Supreme Court of South Carolina · 1904
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3Cited by4 opinions
- Hunter v. Western Union Telegraph Co.District Court, S.D. Florida · 1924
- Butler v. HillSupreme Court of Alabama · 1914
- Western Union Telegraph Co. v. BowenAlabama Court of Appeals · 1917
- Western Union Telegraph Co. v. TaylorSupreme Court of Florida · 1924