Western Union Telegraph Co. v. Sklar

Citations

• 126 F. 295
• 61 C.C.A. 281
• 1903 U.S. App. LEXIS 4312

Syllabus

<p>1. Telegraphs — Messages—Delay in Delivery — Damages—Mental Suffering.</p> <p>An action cannot be maintained at common law to recover for unreasonable delay in the delivery of a death telegram where the only damages alleged or proved was mental suffering not accompanied by any pecuniary loss or physical injury.</p> <p>8. Same — Hollowing State Decisions.</p> <p>Shannon’s Code Tenn. § 1837, requires all telegraph messages to be delivered without unreasonable delay, and section 1838 declares that any officer or agent of a telegraph company who willfully violates the preceding sections shall be guilty of a misdemeanor, and that the telegraph company shall be liable in damages to the party aggrieved. Eeld. that, though the Tennessee court has construed this statute to entitle the plaintiff to recover nominal damages in any event, it has not construed the statute as conferring also the right to recover for mental damages or injured feelings, irrespective of some physical injury, but that the common law gives the right to recover for injured feelings whenever the plaintiff has either a common-law or statutory right to recover “some damages” upon any other ground. The question, therefore, whether a statutory right to recover some damages for a breach of a statutory du+y affords a basis to also recover for injured feelings is a question of general jurisprudence, with regard to which the federal court was not bound by the state court opinion.</p> <p>If 1. Damages for mental suffering for delay in delivery of telegram, see notes to Chicago, R. I. & P. Ry. Co. v. Caulfield, 11 C. C. A. 571; Western Union Tel. Co. v. Coggin, 15 C. C. A. 230; game v. Morris, 28 C. C. A. 62.</p> <p>8. Same.</p> <p>Shannon’s Code Tenn. § 1838, provides that any officer or agent of a telegraph company who willfully violates the preceding section, requiring delivery of messages without unreasonable delay, shall be guilty of a misdemeanor, and the telegraph company shall be liable in damages to th