Western Union Telegraph Company v. Suit

BROWN, J.:

Certiorari to review appellate judgment of Circuit Court in and for Dade County affirming judgment of Civil Court of Record.

The declaration sought the recovery of damages for plaintiff’s mental pain and anguish, under Section 363.06 Fla. Statutes 1941, formerly Section 6352 C.G.L., 4388 R.G.S., resulting from the negligent failure of the defendant to promptly transmit and deliver a certain telegram.

Prior to the enactment of this statute in 1913, mental pain and suffering did not constitute an element of damage for which a recovery could be had. Such was the common law, and this…