International Ocean Telegraph Co. v. Saunders

Citations

• 32 Fla. 434

Syllabus

<p>'TELEGRAPH COMPANIES — BREACH OF CONTRACT TO SEND AND DELIVER MESSAGES — DAMAGES—MENTAL SUFFERING.</p> <p>1. In an action sounding in tort, but for compensative damages for the breach of a contract by a telegraph company to promptly send or deliver a telegraphic message, mental pain and suffering is not an element of damage for which a recovery can be had. And where the failure of a telegraph company to promptly send or deliver a telegram according to its contract results in no other damage than mental pain and suffering, the only recovery that can be had would be nominal damages ; or, at most, the price paid for the transmission of the message.</p> <p>S. The person to toliom a telegram is sent can maintain an action for whatever legal damage that results to him from the negligence of the company in its transmission or delivery, where the message shows that he is interested in it, or that it is for his benefit, or that damage will result to him from such negligence.</p> <p>Mr. Justice Mabry dissenting as to the principles announced in the first head, note.</p>