Legal Opinion
Bertha Kaufman v. Western Union Telegraph Company
Court of Appeals for the Fifth Circuit
Decided August 31, 1955No. 15346_1PublishedCited by 58 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from a summary judgment for the defendant, Western Union Telegraph Company, the district court holding that for negligent delivery of an interstate telegram and wrongfully informing the addressee that it was a *725death message when in fact it was not, there can be no recovery of damages for mental anguish nor for physical illness and medical expenses ensuing from such mental anguish.1
A preliminary question of federal jurisdiction not raised by the parties, but which the Court is bound to consider sua sponte, has given us some concern. The complaint does not…
2Cases cited37 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- Melvin v. ReidCalifornia Court of Appeal · 1931
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Finn v. American Fire & Casualty Co. American Fire & Casualty Co. v. FinnCourt of Appeals for the Fifth Circuit · 1953
32 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Ivy Broadcasting Company, Inc. v. American Telephone and Telegraph Company and New York Telephone Company, Defendants-Appellees-AppellantsCourt of Appeals for the Second Circuit · 1968
- George McGovern v. American Airlines, Inc.Court of Appeals for the Fifth Circuit · 1975
- William H. Hendrix v. New Amsterdam Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1968
- Ronald Gibson v. United StatesCourt of Appeals for the Third Circuit · 1972
- Hoard v. Shawnee Mission Medical CenterSupreme Court of Kansas · 1983
53 more not listed; retrieve them via the Exa API.