Western Union Tel. Co. v. Peagler
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. ■ Action by Madie Peagler against the Western Union Telegraph Company for failure to deliver telegiam. Judgment for plaintiff and defendant appeals. Plaintiff was not entitled to recover damages for mental anguish..— W. TJ.
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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. ■ Action by Madie Peagler against the Western Union Telegraph Company for failure to deliver telegiam. Judgment for plaintiff and defendant appeals. Plaintiff was not entitled to recover damages for mental anguish..— W. TJ. T. Go. v. Northcutt, 48 South 553; Same v. Westmoreland, 151 Ala. 319; Saone v. Ayres, 31 Ala. 391; Same v. Sledge, 153 Ala. 291; Same v. Long, 148 Ala. 202; Same v. Croker, 135.Ala. 492; Saone v-. McMorris, 48 South. 354. The court erred in permitting defendant to testify that she suffered mental pain and…
1Opinion of the Court
MAYFIELD J.
The action in this case was to recover damages for failure to properly send and deliver the following telegram: Maplesville, Ala., Feb’y 8, 1907. Mr. W. E. Peagler, Camden, Ala.: Please let me hear from you at once by wire. (Signed) Mrs. W. E. Peagler.” The court instructed the jury that the plaintiff could not recover damages for any physical pain, or for any loss to her estate other than the cost of sending the message, together with interest, but declined to instruct them, on defendant’s written request, that plaintiff could not recover damages for mental pain and anguish…
2Cases cited7 opinions
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. AyersSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. LongSupreme Court of Alabama · 1906
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