Morrow v. Western Union Telegraph Co.
Court of Appeals of Kentucky
Case 82 — ACTION FOR DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL FROM SHELBY CIRCUIT COURT. 1. By section 199 of the new Constitution telegraph companies are made common carriers. .See also Barks v. Alta, &c., Tel. Co., 13 Cal., 422; 73 Am. .Dec., '589. 2. The case of Western Union Tel.
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Case 82 — ACTION FOR DAMAGES FOR DELAY IN DELIVERING TELEGRAM APPEAL FROM SHELBY CIRCUIT COURT. 1. By section 199 of the new Constitution telegraph companies are made common carriers. .See also Barks v. Alta, &c., Tel. Co., 13 Cal., 422; 73 Am. .Dec., '589. 2. The case of Western Union Tel. Co. v. Brown, 71 Tex., 723, holding that relationship of the decedent to the person for whom the message was intended 'Should be disclosed on the face of the message, has been repeatedly overruled. W. U. Tel. Co. v. Carter, 85 Tex., -580. . 3. On recovery for mental suffering. Chapman v. W. U. Tel. Col, 90…
1Opinion of the Court
CHIEF JUSTICIE HAZELRIGG
delivered the opinion of the court.
TMs action was brought by J. T. Morrow and his wife "for damages' for mental anguish growing out of a failure of appellant company to- deliver promptly a telegraphic message to the husband, whereby the wife was prevented from attending the- funeral and burial of her. grandmother. On motion requiring the plaintiff to elect which cause of action they would prosecute — that of the wife or of the husband1 — they elected to proceed on behalf of the wife and the' case was so heard'.
Upon the conclusion of the plaintiff’s testimony, a…
2Cited by9 opinions
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Wright v. GambleSupreme Court of Georgia · 1911
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. AyersSupreme Court of Alabama · 1901
- Parsons v. BreedCourt of Appeals of Kentucky · 1907
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