Western Union Telegraph Co. v. Wells

Citations

• 50 Fla. 474

Syllabus

<p>1. A declaration alleging the wilful refusal of a telegraph company to pay money in its hands, to which the plaintiff was entitled, with full knowledge that the plaintiff would thereby be compelled to travel without food for more than twenty-four hours, states a bona fide claim within the jurisdiction of the Circuit Court, even though the money withheld be below the jurisdictional amount of that court.</p> <p>2. A demurrer is not the proper method for eliminating improper items or special acts of alleged negligence; the declaration otherwise stating a cause of action.</p> <p>3. After action brought against a telegraph company for refusal to pay over the payee of a telegraph order the money therein named, the company is not relieved from liability by paying over that sum to the transmitting bank.</p> <p>4. When the known probable result of the wilful refusal, without adequate excuse, of a telegraph company to pay over the money to one entitled thereto causes one to travel for more than twenty-four hours without food or funds he may recover damages for bodily pain, and suffering and for mental pain and anguish attendant thereon.</p> <p>5. When the refusal of a telegraph company to pay over money causes one without funds to act quickly and instead of seeking to recover from a sleeping car company the money therfore paid for a section and awaiting the possibility of getting the money the next day, he decides to travel homeward, a finding of the jury that the injury was not self imposed will not be disturbed.</p> <p>6. Evidence offered in support of an element of damage alleged in the declaration and allowed over a general objection, will not be held error if it be legally pertinent or relevant in any aspect of the case.</p> <p>7. As against a general objection evidence as to the suffering for food of a wife and children may be admitted for the purpose of explaining why one spent a small sum of money on them rather than to relieve his own wants, where the jury is char