McInturf v. Western Union Telegraph Co.

Citations

• 81 Kan. 476
• 106 P. 282
• 1910 Kan. LEXIS 376

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Trouble and Inconvenience — Married Woman — ■ . Delay in Delivering a Telegram. Where a telegram to a married woman living with her, husband, announcing the death of a relative, is negligently delivered two days late and with the date changed so that it seems to have been just sent, thereby causing her to make a fruitless journey in an effort to attend the funeral, she is entitled to compensation for her trouble and inconvenience, although she loses no time excepting such as would otherwise have been devoted to the service of her husband, and he pays all the expenses incurred.</p> <p>2. —-- Amount of Award — Element Improperly Included— Proper Element Omitted. In such a case, where the compensatory damages are necessarily small but the circumstances justify a considerable award of smart money, and the jury make a total award in round numbers, the verdict will not be disturbed on account of the inclusion of a small sum for loss of time which was inadmissible on that account but might. properly have been allowed for trouble and inconvenience.</p> <p>S. -Parties Entitled to Recover — Agency—Husband and Wife. Where a telegram is sent to a married woman, and by . reason of a delay in its delivery and a change in its date she makes an unnecessary journey, she is entitled to recover the charges made for sending it, for which the sender has been reimbursed, and for delivering it, although these amounts were paid for her by her husband at her request.</p> <p>4. -Exemplary. The facts of the case held to authorize the award of punitive damages. ’</p>