Legal Opinion

Western Union Telegraph Co. v. Smith

Court of Appeals of Texas

Decided June 27, 1916No. 1009Published

Appeal from District Court, Swisher County; R. C. Joiner, Judge. Action by Ada Smith and E. D. Smith against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. Motion for rehearing.

1Opinion

On Motion for Rehearing.

[4] Appellees insist, in their motion for rehearing, that there is no evidence that the law in New Mexico, as a state, does not allow recovery for damages on account of mental anguish. While it was a territory it was held in the district, of which it was then a part, that under the common law a recovery for mental anguish alone could not be had. The witness for appellant testified there had never been a statute or decision of New Mexico authorizing a recovery for mental anguish. The common law was' in force in New Mexico as a territory and is shown to be still in force…

2Cases cited4 opinions

  1. Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
  2. Western Union Telegraph Co. v. BaileyCourt of Appeals of Texas · 1916
  3. Western Union Telegraph Co. v. SchoonmakerCourt of Appeals of Texas · 1915
  4. Western Union Telegraph Co. v. WhiteCourt of Appeals of Texas · 1913

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