Bagby v. Western Union Telegraph Co.

Opinion of the Court by

William; Bogers Clay, Commissioner-

Affirming.

In this action plaintiff, E. P. Bagby, seeks to recover of the Western Union Telegraph Company damages for mental anguish resulting from its failure to deliver a telegram. On the first trial the jury returned a verdict in favor of plaintiff for $1,000.00. A new trial was granted. The second trial resulted in a verdict and judgment in favor of defendant. Plaintiff appeals.

Plaintiff insists that the court erred in granting a new trial and asks that the first judgment be reinstated in lieu of the judgment on the last trial. If…