Western Union Telegraph Co. v. Robertson

Citations

• 109 Miss. 775
• 69 So. 680

Syllabus

<p>1. Telegraphs and Telephones. Punitive damages. Louisiana rule. Trial. Abstract instruction. Action for damages. Mental suffering.</p> <p>Where in an action against a telegraph company for negligent delay in delivering a message, the delay occurred at its office in New Orleans, Louisiana, the case is governed by the Louisiana law which is that for a principal to be liable in punitive damages for an act of its servant it must have authorized or subsequently ratified the act of the servant-complained of, and in such case an instruction authorizing the jury to award punitive damages if the delay in delivering the telegram “was such as to amount in law to wilful disregard of the rights of plaintiff”- was erroneous.</p> <p>2. Trial. Abstract instruction.</p> <p>An instruction is erroneous where there is no evidence to support the theory upon which it is based.</p> <p>3. Actions for Damages, Damages for mental suffering. Louisiana rule.</p> <p>While under the Louisiana law in an action against a telegraph company for negligent delay in delivering a dispatch, mental suffering may constitute an element of damage. Yet no recovery can be had for mental anguish unless the company had notice, from the language of the message or otherwise, that such damage would probably result from such negligence.</p>