Cumberland Telephone & Telegraph Co. v. Allen
Mississippi Supreme Court
From the circuit court of Tate county. Hon. James B. Boothe, Judge. Allen, the appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s, favor defendant appealed to the supreme court. Plaintiff sought to recover compensatory and punitive damages because of the failure of the defendant to furnish him telephone connection.
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From the circuit court of Tate county. Hon. James B. Boothe, Judge. Allen, the appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s, favor defendant appealed to the supreme court. Plaintiff sought to recover compensatory and punitive damages because of the failure of the defendant to furnish him telephone connection. The plaintiff, being at Wheatley, Arkansas, and desirous of learning the condition of his wife, whom he had left ill at Senatobia, Mississippi, applied, early in the morning, through the American…
1Opinion of the CourtMayes, J.
The testimony in this case did not warrant the court in giving the second instruction for appellee, in which the jury are told that they might assess puuitive damages. There is nothing which shows willfulness, oppression, or willful disregard of the rights of appellee, or any other willful wrong. In the case of Vicksburg, etc., Co. v. Marlett, 78 Miss., 873 (s.c., 29 South. Rep., 62), the court has said: “Punitive damages may be recovered only in cases where the acts complained of are characterized by malice, fraud, oppression, or willful wrong, evincing a disregard of the rights of others.…
2Cases cited2 opinions
- Cumberland Telephone & Telegraph Co. v. BakerMississippi Supreme Court · 1904
- Western Union Telegraph Co. v. SpratleyMississippi Supreme Court · 1904
3Cited by5 opinions
- South Cent. Bell v. EppsMississippi Supreme Court · 1987
- Williams v. StateAlabama Court of Appeals · 1935
- Bradley v. Associates Discount Corp.Mississippi Supreme Court · 1957
- Lawrence v. StateAlabama Court of Appeals · 1947
- State v. PeacockWashington Supreme Court · 1910