Western Union Telegraph Co. v. Crocker

• Decision Date: 27 November 1902
• Citation: 33 So. 45,135 Ala. 492
• Parties: WESTERN UNION TEL. CO. v. CROCKER.
• Court: Alabama Supreme Court

33 So. 45

135 Ala. 492

WESTERN UNION TEL. CO. v. CROCKER.

Supreme Court of Alabama

November 27, 1902

Appeal from city court of Birmingham; Chas. A. Senn, Judge.

Action by William S. Crocker against the Western Union Telegraph Company for failure to deliver a telegram. From a judgment for plaintiff, defendant appeals. Affirmed.

During the examination of a witness for the plaintiff, he proved against the separate objections and exceptions of the defendant, the close and tender relationship existing between the sendee, the grandmother of the infant child, and the child himself, and that while the child was dying he asked for his grandmother. There was also evidence introduced on the part of the plaintiff, against the objection and exception of the defendant, showing that the sendee of the message, the grandmother of the child, was accustomed to spend a great deal of time at the home of the plaintiff. Upon the introduction of all the evidence, the court gave, among others, the following written charges requested by the plaintiff: "(1) The court charges the jury that, if they believe the evidence, they must find for the plaintiff. (2) In determining whether plaintiff suffered pain or mental anguish on account of the nonattendance of the grandmother the jury may look at all the facts in evidence, and from them, and their common experience in everyday affairs determine whether there was any mental suffering, and the amount of the same." To the giving of these charges, the defendant separately excepted. The defendant also separately excepted to the refusal of the court to give the following written charges, among others, requested by it: "(1) I charge you that the measure of damages in this cause is the price paid by plaintiff for the transmission of the message. (2) I charge you that you cannot assess any damages in favor of the plaintiff in this cause, predicated upon his having suffered mental pain and anguish." "(7) The court charges the jury that they cannot award the plaintiff any damages for mental pain and anguish he may have suffered in not having the aid, comfort, and support of the plaintiff's mother-in-law at the moment of the death of his son." "(12) The court charges the jury that they cannot award the plaintiff any damages for mental pain and anguish he may have suffered by the absence of the comfort, aid, and support of the presence of his mother-in-law would have been to him during the last hour or hours of the life of his son, and at the time of the death of his son." "(14) I charge you that you cannot assess in favor of the plaintiff any damages in this case predicated upon any mental pain and anguish suffered by plaintiff in seeing his son die without the presence of his grandmother and in the absence of the comfort, aid, and support her presence would have been to him on such a trying occasion, in the absence of proof that the grandmother could or would have rendered to plaintiff's said son aid in his illness." There were verdict and judgment for the plaintiff, assessing his damages at $225. The defendant made a motion for a new trial, assigning as grounds therefor the several rulings of the trial court to which exceptions were reserved, and also that the verdict of the jury was excessive. The court overruled this motion, and to this ruling the defendant duly excepted.

Walker, Tillman, Campbell & Porter, for appellant.

Ward & Houghton, for appellee.

DOWDELL J.

This is an action by the appellee against the appellant to recover damages for the negligent failure to deliver a telegraphic message. Damages are claimed for mental suffering and anguish. This is the main, and...