Hunter v. Western Union Telegraph Co.

JONES, District Judge.

This action was brought by the plaintiff to recover damages for physical pain and suffering and mental anguish resulting from the alleged negligent failure of the defendant to deliver without delay a telegram sent by the plaintiff, through her agent, B. H. Burney, to her sister advising that plaintiff and her daughter were very sick and requesting the addressee to “come if possible.”

The action is brought under section 4388, Revised General Statutes of Florida 1920, which makes telegraph companies liable in damages to the sender of a telegram for “mental anguish, distress…