Thomas v. W. Union Tel. Co.
| Decision Date | 03 October 1911 |
| Docket Number | Case Number: 1183 |
| Parties | THOMAS v. WESTERN UNION TELEGRAPH CO. |
| Court | Oklahoma Supreme Court |
¶0 TELEGRAPHS AND TELEPHONES--Delay in Delivery--Mental Anguish. In the absence of statute, damages are not recoverable for mental distress alone, caused by negligent delay in delivering a telegram.
Error from District Court, Lincoln County; W. N. Maben, Judge.
Action by Lum Thomas against the Western Union Telegraph Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Hoffman & Robertson, for plaintiff in error
Shartel, Keaton & Wells, for defendant in error
¶1 This case was tried in the district court of Lincoln county, and decided on the general demurrer of the defendant to plaintiff's petition. The petition stated, in substance: That the plaintiff resided in Lincoln county, near the village of Avery, where defendant has an office and agent. That defendant is engaged in transmitting messages for the general public for hire. That an June 11, 1907, the mother of plaintiff, residing in Kansas City, Mo., with a daughter, Annie Thomas, a sister of plaintiff, delivered to defendant at Kansas City, for transmission and delivery to plaintiff at Avery, Okla., the following message: That defendant accepted said message, and agreed and undertook to carefully and promptly transmit same to plaintiff; but that, notwithstanding its agreement, promise, and legal obligation so to do, defendant failed and neglected to deliver the message to plaintiff for more than 30 days, etc. That, by means of the carelessness and negligence of defendant in not delivering the message, plaintiff was deprived of visiting at his mother's home in Kansas City, and of seeing and being present at the burial of his only sister, to whom he was strongly attached, and for whom he had the greatest reverence and love. That because of the negligence and carelessness of the defendant, plaintiff was caused to and did suffer great mental anguish and pain of body and mind, and still does suffer great anguish by reason thereof. That by reason of the foregoing this plaintiff has been greatly injured in his body and mind in the sum of $ 1,900. Plaintiff then prays for judgment in said sum for damages as aforesaid, costs of suit, and other relief.
¶2 The defendant interposed a general demurrer to plaintiff's petition: "That said petition does not state facts sufficient to constitute a cause of action in favor of plaintiff and against this defendant." The trial court sustained the demurrer. The plaintiff elected to stand on it, excepted to the ruling of the court, refused to further plead, and brings this appeal.
¶3 The sole question in this case is whether, in this state, in the absence of a statute permitting it, damages for mental pain and anguish can be recovered. If they can be, when unaccompanied with any physical injury or financial loss, then...
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