Graham v. Western Union Telegraph Co.

Citations

• 109 La. 1069
• 34 So. 91
• 1903 La. LEXIS 467

Syllabus

<p>TELEGRAPH COMPANY — FAILURE TO DELIVER TELEGRAM — DAMAGES—MENTAL ANGUISH.</p> <p>1. Suit against a telegraph company for failing to deliver a message to a mother announcing the mortal illness and approaching death of a son. The suit was dismissed ip the Court of Appeal upon an exception of “no cause of action,” for the reason assigned that “mental pain and anguish resulting from simple actionable negligence is not sufficient basis for an action for .damages, if unattended by injury to person, property, health, or reputation.”</p> <p>The exception should have been overruled. Under the laws of Louisiana, it is not well grounded. The judgment is reversed, and the cause remanded to the Court of Appeal, to be by it passed on upon the merits.</p> <p>iSyllabus by the Court.)</p>