Connell v. Western Union-Telegraph Co.
Supreme Court of Missouri
Error to Pettis Circuit Court.- — Hon. Richard Field, -N Judge. (1) The court erred in sustaining defendant’s motion to strike out that part of plaintiff’s petition alleging mental and physical pain, distress and prostration, as the result of defendant’s failure to promptly transmit and deliver the message.
Read the full summary
Error to Pettis Circuit Court.- — Hon. Richard Field, -N Judge. (1) The court erred in sustaining defendant’s motion to strike out that part of plaintiff’s petition alleging mental and physical pain, distress and prostration, as the result of defendant’s failure to promptly transmit and deliver the message. The defendant contracted to transmit and deliver the message promptly; it was a message for the benefit of the addresse; it failed to comply with its contract; and it is liable: first, for the amount paid for its transmission; and, second, for any mental pain, agony and distress caused by…
1Opinion of the CourtGannt, P. J.
—This is an action for damages for the negligence of defendant in failing to deliver to plaintiff the following telegraphic message sent to him by his wife:
“Sedalia, Missouei, December 13, 1889. uTo Matt Connell, Soldiers’ Home, Leavenworth, Kansas.
1‘Your child is dying. Maey . ’ ’
*38The plaintiff alleged that his wife paid the customary charge, fifty cents, for its transmission, and that he had refunded that sum to her.
Plaintiff then alleges that his child died on the twenty-fourth day of December, 1889, “and that if said message had been transmitted and delivered with any degree of diligence…
2Cases cited34 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
29 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Parkway Co. v. WoodruffTexas Supreme Court · 1995
- Bass v. Nooney Co.Supreme Court of Missouri · 1983
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Francis v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
38 more not listed; retrieve them via the Exa API.