Legal Opinion

Cumberland Telelphone & Telegraph Co. v. Jackson

Mississippi Supreme Court

Decided March 15, 1909PublishedCited by 3 opinions

From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Jackson, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor for $100 defendant appealed to' the supreme court. The plaintiff’s wife became ill at night and needed the attention of a physician. Plaintiff endeavored by use of the telephone to call a physician, but after ringing several times got no response.

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From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Jackson, appellee, was plaintiff in the court below; the telephone company, appellant, was defendant there. From a judgment in plaintiff’s favor for $100 defendant appealed to' the supreme court. The plaintiff’s wife became ill at night and needed the attention of a physician. Plaintiff endeavored by use of the telephone to call a physician, but after ringing several times got no response. He waited fifteen minutes, and then went in the night for a physician, leaving his wife in the care of a servant. After arriving at…

1Opinion of the Court

Whiteield, 0. J.,

delivered the opinion of the court.

The verdict in this case was manifestly, under the instructions and the testimony, for compensatory damages only. The chief complaint of the appellant is as to instruction No. 1 for the plaintiff, which is as follows: “That, if the jury find for the plaintiff, it should assess such reasonable amount of damages against said defendant, not to exceed $1,000, as will compensate plaintiff for necessary inconvenience, anxiety, and worry *83caused, if any, by said wrongful act, if any.” It is insisted “anxiety” must necessarily mean mental anxiety,…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. RogersMississippi Supreme Court · 1891
  2. Cumberland Telegraph & Telephone Co. v. HobartMississippi Supreme Court · 1906

3Cited by3 opinions

  1. Sommerville v. Chesapeake & Potomac Telephone Co.Court of Appeals for the D.C. Circuit · 1919
  2. State ex rel. Powe v. PittmanMississippi Supreme Court · 1965
  3. Southwestern Telegraph & Telephone Co. v. RiggsTexas Commission of Appeals · 1921

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