Stark v. Western Union Telegraph Co.

Citations

• 107 Miss. 332
• 65 So. 279

Syllabus

<p>1. Telegraphs and Telephones. Operation. Action for damages. Sufficiency of evidence. Willful neglect.</p> <p>The measure of liability of a telegraph company for failure to transmit a message to plaintiff’s father to meet a train with a rig, as plaintiff’s child was sick, was properly limited to nominal damages, where it was not shown that the child’s death was proximately caused thereby, on account of exposure in carrying her to his father’s house.</p> <p>2. Telegraphs and Telephones. Operation. Willful neglect.</p> <p>It was not reckless, willful or intentional negligence, where a telegraph company’s agent simply forgot to deliver a message to the operator for transmission, the message being a request to meet the sender with a rig as his child was Sick.</p>