Western Union Telegraph Co. v. Bodkin

Citations

• 79 Kan. 792
• 101 P. 652
• 1909 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages—Exemplary■—Failure to Deliver a Death Message. The plaintiff alleged that he delivered a message to the defendant’s operator for transmission, and paid the charges therefor, to inform his father of the shipment of the remains of a deceased brother. The message was not transmitted, and the only explanation offered by the company was the testimony of the operators that they did not receive it. The jury, having found that the message was in fact delivered and the toll paid, as alleged, could in their discretion allow reasonable exemplary damages in addition to actual damages for the amount of the charges paid, no other actual loss being shown.</p> <p>2.-Excessive — Remittitur. Upon consideration of the findings and all the circumstances proved the award of exemplary damages is held to be excessive, and the plaintiff is allowed to remit a part thereof. If he fail to do so, a new trial is ordered.</p>