Western Union Telegraph Co. v. Jennings, 17598
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | SYKES, J. |
| Citation | 110 Miss. 673,70 So. 830 |
| Parties | WESTERN UNION TELEGRAPH CO. v. JENNINGS |
| Docket Number | 17598 |
| Decision Date | 28 February 1916 |
70 So. 830
110 Miss. 673
WESTERN UNION TELEGRAPH CO.
v.
JENNINGS
No. 17598
Supreme Court of Mississippi
February 28, 1916
APPEAL from the circuit court of Simpson county. HON. W. H. HUGHES, Judge.
Suit by Henderson Jennings against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.
The facts are fully stated in the opinion of the court.
Judgment reversed, and case dismissed.
Street & Street, for appellant.
J. B. Sullivan, for appellee.
OPINION
SYKES, J.
This is a suit for damages by the appellee, Henderson Jennings, against the Western Union Telegraph Company, based upon the following facts, viz.:
The appellee and another young man were given employment by the proper employee of the Western Union Telegraph Company at St. Louis, Mo., and were sent to Tipton, Mo., at a salary each of forty dollars a month. They were to work as linemen of the appellant company, but state that they were put to work digging holes which they did not consider proper work for linemen, and for this reason, after working two and one half days, they quit and went back to St. Louis, Mo., where the agent of the company who had employed [110 Miss. 674] them, viz., one Mr. Sharp, lived. Shortly after their arrival in St. Louis the appellee called up, over the telephone, Mr. Sharp and stated to him that the foreman at Tipton, Mo., had not given them line work, but had put them to digging holes, and that for this reason they had quit. Appellee stated that Sharp replied: "If you and Foster cannot dig holes for the Western Union Telegraph Company, go and scratch for a job." Appellee then asked him what he meant, and Sharp replied: "If you and Foster can't dig holes for the Western Union Telegraph Company, go to hell." Suit was instituted in the circuit court of Simpson county for two thousand, five hundred dollars damages. No actual damages were proven. The jury returned a verdict for appellee for one hundred and fifty dollars, evidently assessed as punitive damages under the instructions.
The alleged tort upon which this cause of action is predicated occurred in the state of Missouri, and for this reason the law of that state governs as to whether or not the appellee has a cause of action. Pullman Palace Car Co. v. Lawrence, 74 Miss. 782, 22 So. 53.
In Missouri, actual damages must have been sustained as a basis for the recovery of punitory damages, and in the absence of any actual damages no punitive...
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Golightly v. New York Life Ins. Co, 33806
...of 1930; Swing v. Brister, 40 So. 146, 87 Miss. 516; Welch v. Kroger Grocery Co., 177 So. 41; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830. The full faith and credit clause of the Constitution of the U.S. would require the application of the law of Arkansas to the poli......
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Brown v. Ohman, No. 37171
...of the place where the tort action arose. Chicago, St. L. & N. O. R. Co. v. Doyle, 60 Miss. 977; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830; Welch v. Kroger Grocery Co., 180 Miss. 89, 177 So. 41; American Law Institute, Miss. Annotation, Section 377; Shaw v. Postal T......
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Pullman Co. v. Alexander, 20039
...part, ratified the same. Western Union Telegraph Co. v. Robertson, 109 Miss. 775, 69 So. 680; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830; McKeon v. Cit. Ry. Co., 42 Mo. 79; Perkins v. M., K. & T. R. R. Co., 55 Mo. 201; Graham v. Pacific R. R. Co., 66 Mo. 536; Randolp......
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Allen v. Ritter, No. 45790
...are not recoverable if no actual damages are allowed. 25 C.J.S. Damages § 118, page 1121 (1966); Western Union Tel. Co. v. Jennings, 110 Miss. 673, 70 So. 830 (1915); McCain v. Cochran, 153 Miss. 237, 120 So. 823 There are other instructions which may be questionable but we do not feel it n......
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Golightly v. New York Life Ins. Co, 33806
...of 1930; Swing v. Brister, 40 So. 146, 87 Miss. 516; Welch v. Kroger Grocery Co., 177 So. 41; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830. The full faith and credit clause of the Constitution of the U.S. would require the application of the law of Arkansas to the poli......
-
Brown v. Ohman, No. 37171
...of the place where the tort action arose. Chicago, St. L. & N. O. R. Co. v. Doyle, 60 Miss. 977; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830; Welch v. Kroger Grocery Co., 180 Miss. 89, 177 So. 41; American Law Institute, Miss. Annotation, Section 377; Shaw v. Postal T......
-
Pullman Co. v. Alexander, 20039
...part, ratified the same. Western Union Telegraph Co. v. Robertson, 109 Miss. 775, 69 So. 680; Western Union Telegraph Co. v. Jennings, 110 Miss. 673, 70 So. 830; McKeon v. Cit. Ry. Co., 42 Mo. 79; Perkins v. M., K. & T. R. R. Co., 55 Mo. 201; Graham v. Pacific R. R. Co., 66 Mo. 536; Randolp......
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Allen v. Ritter, No. 45790
...are not recoverable if no actual damages are allowed. 25 C.J.S. Damages § 118, page 1121 (1966); Western Union Tel. Co. v. Jennings, 110 Miss. 673, 70 So. 830 (1915); McCain v. Cochran, 153 Miss. 237, 120 So. 823 There are other instructions which may be questionable but we do not feel it n......