Gideens v. Western Union Tel. Co.

• Decision Date: 10 April 1900
• Citation: 35 S.E. 638,111 Ga. 824
• Parties: GIDEENS v. WESTERN UNION TEL. CO.
• Court: Georgia Supreme Court

35 S.E. 638

111 Ga. 824

GIDEENS v. WESTERN UNION TEL. CO.

Supreme Court of Georgia

April 10, 1900

Syllabus by the Court.

1. A telegraph company is not liable to the sendee of a telegram for damages arising from mental pain and suffering alleged to have been occasioned by the company's negligence in failing to deliver such telegram to him with due diligence, in consequence whereof he was prevented from attending the burial of a friend, nor for damages resulting from mental pain and suffering caused by jeers and derision to which he was subjected because he arrived at the place of burial after the interment had actually taken place. Chapman v. Telegraph Co., 15 S.E. 901, 88 Ga. 763.

2. Nor can one recover from such a company the amount of expenses alleged to have been occasioned by negligent delay in delivering a message, when it is obvious that incurring such expenses was totally unnecessary.

Error from city court of Floyd; George A. H. Harris, Judge.

Action by Edward D. Gideens against the Western Union Telegraph Company. Judgment for defendant, and plaintiff brings error. Affirmed.

Wm. A. Barnett, for plaintiff in error.

W. S. McHenry, for defendant in error.

PER CURIAM.

Judgment affirmed.