Western Union Telegraph Co. v. Pearce
Mississippi Supreme Court
Prom the circuit court of, second district, Talobusba county. Hon. Samuel O. Cook, Judge. Mrs. Pearce, appellee, was plaintiff and the Telegraph Company, appellant, defendant in the court below. This suit was to recover $1,950 actual damages and the statutory penalty of $25 from the Western Union Telegraph Company for failure to promptly deliver a telegraph message sent by plaintiff from Water Yalley, Miss., to her husband, at McComb City, Miss.
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Prom the circuit court of, second district, Talobusba county. Hon. Samuel O. Cook, Judge. Mrs. Pearce, appellee, was plaintiff and the Telegraph Company, appellant, defendant in the court below. This suit was to recover $1,950 actual damages and the statutory penalty of $25 from the Western Union Telegraph Company for failure to promptly deliver a telegraph message sent by plaintiff from Water Yalley, Miss., to her husband, at McComb City, Miss. Mr. Pearce lived in Water Yalley, but he was temporarily at McComb City at work, boarding at Mc-Colgan’s hotel there. The message was as follows:…
1Opinion of the CourtWhitfield, C. J.
It is plainly proved by the testimony, taken as a whole, that all the suffering, physical and mental, endured by the appellee, was due solely to her advanced pregnancy; she being eight months gone. She is not suing for damages caused by nursing her own child, but because she was not in condition, by reason of said pregnancy, to nurse her child at all. The proof shows clearly that she did suffer great anguish of mind and physical agony — so much so that she lost the child of which she was encientej but, while this is true, it is also true that the court excluded from the jury all the proof…
2Cited by3 opinions
- Western Union Telegraph Co. v. TaylorSupreme Court of Florida · 1924
- Laurel Compress Co. v. PowerMississippi Supreme Court · 1916
- McLeod v. Pacific Telephone Co.Oregon Supreme Court · 1908