Burleson v. Thomas
Mississippi Supreme Court
Appeal from circuit court of ¡Carroll county. Hon. T. L. Lamb, Judge. Action by C. E. Thomas against A. S. Burleson, Director General of the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The defendant asked a peremptory instruction, also instruction that punitive damages could not be awarded, also that the statutory penalty could not be recovered.
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Appeal from circuit court of ¡Carroll county. Hon. T. L. Lamb, Judge. Action by C. E. Thomas against A. S. Burleson, Director General of the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The defendant asked a peremptory instruction, also instruction that punitive damages could not be awarded, also that the statutory penalty could not be recovered. These instructions were refused and judgment Was rendered for the plaintiff for fourteen hundred and fifty dollars against A. S. Burleson, Director General of Western Union Telegraph Company. The judgment in this…
1Opinion of the Court
Sam 0. Cook, P. J.,
delivered the opinion of the court.
Many pleas, demurrers,' and motions Aver filed in this case, but Ave will pass them by and briefly state the facts *737developed at tlie trial. Tlie plaintiff liad a son, who was a student at the Agricultural and Mechanical College at Starkville, in this- state. At 9 o’clock p. m., October 5, 3.918, the resident physician at the college filed with the agent of the Western Union Telegraph Company, to be transmitted to the plaintiff, a telegram in these words: “Yonr son lias pneumonia.” This telegram Avas not delivered to Mr. Thomas until Monday…
2Cases cited3 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Kirmeyer v. KansasSupreme Court of the United States · 1915
3Cited by1 opinion
- Western Union Telegraph Co. v. WallaceMississippi Supreme Court · 1933