Jones v. Western Union Telegraph Co.
District Court, S.D. California
At Law. Action by Julius W. Jones and wife against the Western Union Telegraph Company, a corporation, begun in state court and removed on account of diversity of citizenship. On demurrer. Plaintiffs, husband and wife, brought suit in the state court, claiming damages in the aggregate sum of $3,050; $2,500 being laid in the first cause of action in the complaint, and $550 being laid in the second cause of action.
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At Law. Action by Julius W. Jones and wife against the Western Union Telegraph Company, a corporation, begun in state court and removed on account of diversity of citizenship. On demurrer. Plaintiffs, husband and wife, brought suit in the state court, claiming damages in the aggregate sum of $3,050; $2,500 being laid in the first cause of action in the complaint, and $550 being laid in the second cause of action. On the ground of diversity of citizenship the cause was removed to this court, and the matter is before the court on a general demurrer only, interposed by the defendant to each of…
1Opinion of the CourtBledsoe, District Judge
(after stating the facts as above). [1] With respect to the first cause of action, it is apparent that the only damages claimed are based upon tire fact that, because of the wrongful delivery of the message referred to, plaintiff Elvira did “undergo grievous mental suffering and anguish of mind,” and “was rendered .sick,” and “was prostrated.” It is clear that in all these allegations plaintiffs have but enlarged upon the term first employed, to wit, “mental suffering.” No physical violence or injury to the person of plaintiff Elvira is claimed, and no physical disability or impairment is set…
2Cases cited10 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Francis v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
- Westwater v. Grace ChurchCalifornia Supreme Court · 1903
- Nelson v. CrawfordMichigan Supreme Court · 1899
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Bertha Kaufman v. Western Union Telegraph CompanyCourt of Appeals for the Fifth Circuit · 1955
- Highway Const. Co. v. McClellandCourt of Appeals for the Eighth Circuit · 1926
- Ey v. Western Union Telegraph & Cable Co.District Court, N.D. California · 1924
- Jellison v. Krell Piano Co.District Court, E.D. Kentucky · 1917
7 more not listed; retrieve them via the Exa API.