Ey v. Western Union Telegraph & Cable Co.

RUDKIN, District Judge.

This is an action to recover damages for mental anguish and physical and bodily injury caused by the failure to deliver a telegram announcing the death of a brother. A general demurrer has been interposed to the complaint for want of sufScient facts.

The rule is well settled, in the federal courts, at least, that mere mental pain and anguish are too vague for legal redress where no injury is done to person, property, health, or reputation. Southern Express Co. v. Byers, 240 U. S. 612, 36 Sup. Ct. 410, 60 L. Ed. 825, L. R. A. 1917A, 197; Western Union Telegraph Company v.…