Howard v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT OF FACTS. The appellant set up in her complaint that she suffered mental anguish and that appellee was liable for damages to her on account of the negligent failure to deliver a telegram sent to her from Brushton, N. Y., by her niece notifying her of the death of her only sister, whereby she was deprived “of sending counsel and consolation to her deceased sister’s children.”
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Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT OF FACTS. The appellant set up in her complaint that she suffered mental anguish and that appellee was liable for damages to her on account of the negligent failure to deliver a telegram sent to her from Brushton, N. Y., by her niece notifying her of the death of her only sister, whereby she was deprived “of sending counsel and consolation to her deceased sister’s children.” Appellant introduced evidence tending to show that the appellee negligently failed to deliver the telegram as alleged. The appellant testified that her…
1Opinion of the Court
Wood, J.,
(after stating the facts). Damages for mental anguish ‘ ‘ over the real ills, sorrows and griefs of life and such suffering as would reasonably be contemplated to flow from the failure to acquaint the person with the tidings sought to be conveyed may be recovered under the statute.” Kirby’s Dig. § 7947. “There can be no recovery for imaginary situations or conditions of anxiety caused thereby.” Western Union Tel. Co. v. Shenep, 83 Ark. 476-481; Western Union Tel. Co. v. McKenzie, 96 Ark. 218; Western Union Tel. Co. v. McMullin, 98 Ark. 347; Western Union Tel. Co. v. Garlington, 101…
2Cases cited7 opinions
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. StratemeierIndiana Court of Appeals · 1892
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
- Dilley v. ThomasSupreme Court of Arkansas · 1913
- Buckner v. RailwaySupreme Court of Arkansas · 1890
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3Cited by3 opinions
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Beloit v. GreenIdaho Supreme Court · 1926
- Mackay Telegraph & Cable Co. v. VaughanSupreme Court of Arkansas · 1914