Blount v. Western Union Telegraph Co.
Supreme Court of Alabama
Apptcal from the Circuit Court of Henry. Tried before the Hon. J. C. Richardson. This was an action of tort brought by the appellant against the appellee. The complaint averred the sending over the line of the defendant from Dothan, Ala., to Climax, Ga., of a telegram from the plaintiff’s Avife to one Dock English, instructing him to notify the plaintiff to come home, that his AAÚfe bad given birth to a girl baby, and that said baby died a few hours after its birth.
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Apptcal from the Circuit Court of Henry. Tried before the Hon. J. C. Richardson. This was an action of tort brought by the appellant against the appellee. The complaint averred the sending over the line of the defendant from Dothan, Ala., to Climax, Ga., of a telegram from the plaintiff’s Avife to one Dock English, instructing him to notify the plaintiff to come home, that his AAÚfe bad given birth to a girl baby, and that said baby died a few hours after its birth. The complaint then aArerred that if said message had been delivered by the defendant to said English within a reasonable time…
1Opinion of the CourtMcCLELLAN, C. J.
Tlie complaint in this case claims damages only for -mental suffering. Such damages are not recoverable in actions for the non-delivery or negligent delivery of telegrams except in case where there is a right of recovery aside from such injuries. There can be no recovery of actual substantive damages for physical injuries or injuries in estate here, for no such damages are claimed. There can be no recovery here of nominal damages as for a breach of contract— to which we have held that damages for mental suffering may be superadded — because the complaint is not upon contract but purely in…
2Cited by17 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Spearman v. McCraryAlabama Court of Appeals · 1912
- Western Union Telegraph Co. v. WatersSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. BlockerSupreme Court of Alabama · 1903
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