Western Union Tel. Co. v. Peagler
Western Union Tel. Co. v. Peagler
Opinion of the Court
The action in this case was to recover damages for failure to properly send and deliver the following telegram: Maplesville, Ala., Feb’y 8, 1907. Mr. W. E. Peagler, Camden, Ala.: Please let me hear from you at once by wire. (Signed) Mrs. W. E. Peagler.” The court instructed the jury that the plaintiff could not recover damages for any physical pain, or for any loss to her estate other than the cost of sending the message, together with interest, but declined to instruct them, on defendant’s written request, that plaintiff could not recover damages for mental pain and anguish suffered on account of the defendant’s failure to deliver the message promptly, if they found that she suffered such damages on account of such failure, and also allowed the plaintiff to testify, over defendant’s objections, that she did suffer such damages.on account of such
The evidence offered to prove damages for mental pain and anguish, in the form and manner in which it was offered and allowed in this case, we think was improper. The plaintiff should have been required to state-the facts and circumstances attending the transaction, and not her conclusions that she suffered such pain and anguish on account of “the dispatch.” While a witness may testify that he or a third party suffered pain, or even appeared to suffer pain, yet he cannot testify that he suffered it on account of given alleged cause. That is usually a conclusion for the jury to draw, from all the evidence. Moreover, the fact (if it be a fact! that she suffered such pain or anguish on account of the dispatch, was not necessarily attributable to the defendant’s failure to properly send and deliver it, which was the sine qua non of liability for such damages, under the issues, of this case. ■ She might have suffered because sbe sent it, or because it was not answered, or by reason of either' of many other causes for which the defendant was not liable.
We do not think that this is a case for the recovery of damages for mental pain or anguish, even under the rules laid down by this court. It is not as strong a case, under the issues or proof, for such damages, as was either Leland’s Case, 159 Ala. 245, 49 South. 252; Northcutt's case, 158 Ala. 539, 48 South. 558; Westmoreland’s Case, 151 Ala. 319, 44 South. 382; Sledge’s Case, 153 Ala. 291, 45 South. 59; Ayers’ Case, 131 Ala. 391, 31 South. 78, 90 Am. St. Rep. 92; or Long’s Case, 148 Ala. 202, 41 South. 965, in which cases such damages were held not to be proper. This court has laid down the rule as to when such damages are recoverable.
While the dispatch in this case did probably show, on its face, the close relationship of husband and wife between the sender and the sendee, it did not show any case of sickness, death, or distress, or that any such damages would probably be suffered, by the sender or the sendee, on account of failure to deliver promptly. The parties did not have, and cannot be presumed to have had, in contemplation such damages as the result of the failure to deliver promptly. There was not
The trial court properly ruled that no actual damages for physical pain, or expense, or wrong in making the trip to Camden could be recovered; and certainly, if such -actual damages could' not he recovered, the kind of damages for mental pain and anguish, which is more or less speculative in its nature, should not be recoverable (though, of course, it is also actual, as distinguished from punitive damages). The case at bar is clearly distinguishable from the South Carolina case relied upon by counsel for appellee.—Willis v. W. U. Telegraph Co., 69 S. C. 531, 48 S. E. 538, 104 Am. St. Rep. 828. That case, with others similar, was distinguished by this court in Leland’s Case, 159 Ala. 245, 49 South. 252.
The judgment is reversed, and the cause remanded.
Reversed and remanded.
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