Ramey v. Western Union Telegraph Co.

Citations

• 94 Kan. 196
• 146 P. 421
• 1915 Kan. LEXIS 67

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Failure to Deliver Telegram — No Actual Damages Shown — No Punitive Damages Recoverable. Where a telegram from a brother to his sister announcing the death of their father and inquiring “Wire me if you can come?” is prepaid by the brother, and there is negligence in the delivery of the message, held, that where there is no evidence that the sister reimbursed her brother for the cost of the message, she can not recover that cost as actual damages, and where no other actual measurable damages are shown, punitive damages can not be awarded for failure to deliver the telegram promptly.</p> <p>2. Same — Damage¿ for Mental Anguish Not Recoverable. The rule that anxiety, mental pain and anguish, unaccompanied by other actual damages, are not a basis for the recovery of punitive damages, followed.</p>