Western Union Telegraph Co. v. Foy
Supreme Court of Oklahoma
Error from District Court, Atoka County; Robt. M. Rainey, Judge. Action by Piden M. Foy against the Western Union Telegraph Company for damages on account of failure to promptly deliver a telegram advising plaintiff of her brother’s death. Judg-. ment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion bjr
SHARP, C.
Numerous errors are charged to have been committed by the trial court, but one of which it will be necessary to consider at any length. Should the trial court have sustained the demurrer to the plaintiff’s evidence?
We may first consider that it may now be regarded as the law in this state, in harmony with the weight of authority elsewhere, that damages are not recoverable for mental distress alone, caused by negligent delay in delivering a telegram. Butner v. Western Union Telegraph Co., 2 Okla. 234, 37 Pac. 1087; Western Union Telegraph Co. v. Chouteau, 28 Okla. 664, 115…
2Cases cited10 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Butner v. Western Union Telegraph CompanySupreme Court of Oklahoma · 1894
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
- Wilcox v. Richmond & D. R. Co.Court of Appeals for the Fourth Circuit · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Mashunkashey v. MashunkasheySupreme Court of Oklahoma · 1941
- Jones v. Western Union Telegraph Co.District Court, S.D. California · 1916
- Western Union Tel. Co. v. HankinsSupreme Court of Oklahoma · 1924
- Western Union Tel. Co. v. PerrySupreme Court of Oklahoma · 1913
1 more not listed; retrieve them via the Exa API.