Nichols v. Western Union Telegraph Co.
Nevada Supreme Court
Appeal from the Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by Marie A. Nichols against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. Since the amendment to the interstate commerce act, June 18, 1910 (36 Stats. L. 539), relating to telegraph companies, damages for mental anguish cannot be recovered upon an interstate message.
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Appeal from the Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by Marie A. Nichols against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. Since the amendment to the interstate commerce act, June 18, 1910 (36 Stats. L. 539), relating to telegraph companies, damages for mental anguish cannot be recovered upon an interstate message. By the great weight of authority in the various state courts as well as the unbroken rule of the federal courts, confirmed by the recent decision of the Supreme Court of the United States in…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an action instituted by the respondent in the district court of Esmeralda County to recover damages in the sum of $2,900 for mental anguish, alleged to have been suffered because of the failure of the appellant to promptly deliver a death message sent from Cold Spring, N. Y., to the respondent at Goldfield, Nevada. Paragraph 3 of the complaint is in the following words and figures:
“That on, to wit, the 17th day of December, 1913, plaintiff’s father, one Charles Stonebridge, resided near said town of Cold Spring in the State of New York, and was on said day…
2Cases cited10 opinions
- St. Louis, San Francisco & Texas Railway Co. v. SealeSupreme Court of the United States · 1913
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.Supreme Court of the United States · 1919
- Western Union Telegraph Co. v. BoegliSupreme Court of the United States · 1920
- Toledo, St. Louis and Western Railroad Company v. SlavinSupreme Court of the United States · 1914
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3Cited by5 opinions
- Deiss v. Southern Pacific Co.Nevada Supreme Court · 1935
- Postal Telegraph-Cable Co. v. HoweNevada Supreme Court · 1923
- Fortier v. Western Union Telegraph Co.Louisiana Court of Appeal · 1936
- Harper v. LichtenbergerNevada Supreme Court · 1939
- Phillips v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1931