Alexander v. Western Union Telegraph Co.

Citations

• 126 F. 445
• 1903 U.S. App. LEXIS 5180

Syllabus

<p>1. Telegraphs — Death Messages — Delay—Mental Anguish — Actions.</p> <p>An action against a telegraph company for delay in delivering a death message cannot be maintained for the recovery of damages consisting of mental anguish alone, either under Acts Va. 1899-1900, p. 724, providing for the recovery of damages for delay in the delivery of telegraph messages, or independent of such act.</p> <p>2. Same — Damages—Certainty.</p> <p>In an action for delay in delivering a telegram announcing the death of plaintiff’s father, plaintiff could not recover expenses incurred in making a trip to attend the funeral when it was too late, he having been otherwise advised of his father’s death, which he would not have incurred^ had the telegram been delivered, such damages being too uncertain and' problematical.</p> <p>IT 1. Damages for mental suffering from delay in delivering telegram, see notes to Chicago, R. I. & P. Ry. Co. v. Caulfield, 11 C. C. A. 571; Western Union Tel. Co. v. Coggin, 15 C. C. A. 250; Same v. Morris, 28 C. C. A. 62.</p>