Legal Opinion

Cumberland Telg. &Telp. Co. v. Quigley

Court of Appeals of Kentucky

Decided October 16, 1908PublishedCited by 7 opinions

¡CASE 33. — ACTION BY RICHARD QUIGLEY AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH CO. FOR MENTAL ANGUISH IN FAILING TO DELIVER A DEATH TELEGRAM. — October 16. Appeal from Barren Circuit Court. ¡3. E. Jones, Circuit Judge.

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¡CASE 33. — ACTION BY RICHARD QUIGLEY AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH CO. FOR MENTAL ANGUISH IN FAILING TO DELIVER A DEATH TELEGRAM. — October 16. Appeal from Barren Circuit Court. ¡3. E. Jones, Circuit Judge. Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. “This court is committed to the doctrine that a telegraph company is answerable in damages for mental suffering caused by its failure to deliver social messages by reason of-which the sender or person addressed is prevented from attending (1) at the bedside, (2) at the death or (3) funeral of a near…

1Opinion of the Court

*791Opinion op the Court by

Judge Lassing —

Affirming.

Between 8 and 9 o’clock on the morning of Friday, July 12, 1907, Richard Quigley deposited with the agent of the appellant company, the Cumberland Telephone & Telegraph Company, at Glasgow, Ky., $25, to be transmitted and delivered to his daughter, Eddie Curd, in Louisville, Ky., for the purpose of having the body of the infant child of appellee, who-had died at the home of Eddie Curd, her sister, in Louisville, Ky., prepared for burial, and shipped to their home in Barren county. All of the necessary charges were paid by the appellee, including…

2Cases cited2 opinions

  1. Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
  2. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1887

3Cited by7 opinions

  1. Cochran v. GritmanIdaho Supreme Court · 1921
  2. Western Union Telegraph Co. v. ChilsonCourt of Appeals of Texas · 1914
  3. Western Union Telegraph Co. v. SissonCourt of Appeals of Kentucky · 1913
  4. Western Union Telegraph Co. v. McFarlaneCourt of Appeals of Texas · 1913
  5. Western Union Telegraph Co. v. BowenAlabama Court of Appeals · 1917

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