Morrow v. Western Union Tel. Co.
| Decision Date | 12 January 1900 |
| Citation | 54 S.W. 853,107 Ky. 517 |
| Parties | MORROW et ux. v. WESTERN UNION TEL. CO. [1] |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Shelby county.
"To be officially reported."
Action by J. T. Morrow and wife against the Western Union Telegraph Company to recover damages for failure to deliver a telegram. Judgment for defendant, and plaintiffs appeal. Affirmed.
G. G. Gilbert, for appellants.
Richards, Weissenger & Baskin and Wm. Lindsay, for appellee.
This action was brought by J. T. Morrow and his wife for damages for mental anguish growing out of a failure of appellant company to deliver promptly a telegraphic message to the husband, whereby the wife was prevented from attending the funeral and burial of her grandmother. On motion requiring the plaintiff to elect which cause of action they would prosecute,--that of the wife or of the husband,--they elected to proceed on behalf of the wife, and the case was so heard. Upon the conclusion of the plaintiff's testimony, a peremptory instruction for defendant was given, and, without motion for a new trial, this appeal is prosecuted. The pleadings authorize the judgment, and the motion for the peremptory instruction furnished merely a test of the law arising on the facts as disclosed by the proof. We think, under the facts shown, the law is against the plaintiff, and the instruction was properly given. The wife was not a party to the transaction or message, and there was neither averment nor proof that the message was sent with notice to the company, for the purpose of bringing her to the funeral and burial of her grandmother. The other legal questions attempted to be raised on the briefs growing out of alleged errors on the trial cannot be considered, for want of a motion for a new trial. Judgment affirmed.
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Notes:
[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.
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Helms v. Western Union Tel. Co
...of cases beyond the limits already fixed by the decisions of this court." In Davidson v. Telegraph Co., 54 S. W. 830, and Morrow v. Telegraph Co., 54 S. W. 853, the Court of Appeals of Kentucky held that a party whose name was not mentioned in the message could not recover for mental anguis......
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Helms v. Western Union Tel. Co.
...class of cases beyond the limits already fixed by the decisions of this court." In Davidson v. Telegraph Co., 54 S.W. 830, and Morrow v. Telegraph Co., 54 S.W. 853, the Court of Appeals of Kentucky held that a party whose was not mentioned in the message could not recover for mental anguish......
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