Western Union Telegraph Co. v. Burris

Citations

• 179 F. 92
• 102 C.C.A. 386
• 1910 U.S. App. LEXIS 4616

Syllabus

<p>1. Courts (§ 372*) — Federal Courts — Authority of Decisions of State' Courts.</p> <p>Under the rule of the federal courts there can be no recovery of damages from a telegraph company for mental anguish caused' by failure to deliver a message, or by delay in delivery, where that is the only ground of .damage ; and in the absence of statutory provisions the question is one of general law, upon which state decisions are not controlling in the federal courts.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 372.*</p> <p>Conclusiveness of judgment between federal and state courts, see notes to Kansas City, Ft. S. & M. R. Co. v. Morgan, 21 C. O. A. 478; Union & Planters’ Bank v. City of Memphis, 49 C. C. A. 468.]</p> <p>2. Telegraphs and Telephones (§ 56*) — Delay in Delivery of Message— Right of Action by Addressee.</p> <p>By the weight of authority in this country a person to whom a telegram is sent, where it is intended for his benefit or information, has a right of action against the company for negligent delay in its transmission or delivery.</p> <p>[Ed. Note. — For other cases, see Telegraphs and Telephones, Cent. Dig. § 37; Dec. Dig. § 56.*]</p> <p>3. Action (§ 27*) ^-Nature of Cause of Action.</p> <p>An action by tiie addressee of a telegram against the company for failure to deliver the message is. not one on contract, but in tort for failure to perform a duty imposed upon defendant by law.</p> <p>[Ed. Note. — For other cases, see Action, Dee. Dig. § 27.*]</p> <p>4. Telegraphs and Telephones (§ 27*) — Action for Nondelivery .of Message — Mental Suffering — State Statute.</p> <p>Act Ark. March 7, 1903 (Acts 1903, p. 124), making telegraph companies doing business in the state “liable in damages for mental anguish or suffering, even in the absence of bodily injury or pecuniary loss, for negligence in receiving, transmitting or delivering messages,” applies only in cases where the negligence occurred within that state, and does not authorize a recove