Western Union Telegraph Co. v. Watson

Mississippi Supreme Court March 15, 1903

Western Union Telegraph Co. v. Watson, 82 Miss. 101 (Miss. 1903)

Whitfield

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

We cannot concur in the estimate put by learned counsel for appellant upon the strength of the case made by appellee. We are clearly of the opinion that the evidence makes out a plain *103case of willful disregard of the rights of the appellee, and fully warrants the imposition of exemplary damages. Since there was willful wrong, the Rogers case, 69 Miss., 748; 9 South., 823; 13 L. R. A., 859; 24 Am. St. Rep., 300, has no application. It was error, however, to allow proof of the cost — $100 — of exhumipg and reinterring in Batesville the body of appellee’s husband. There is no evidence that she had caused this to be done. It was clear that she had not incurred such expense.

If $100 shall be remitted, the judgment will be affirmed; otherwise, reversed and remanded.

Reference

Full Case Name: Western Union Telegraph Company v. Elizabeth Watson
Cited By: 3 cases
Status: Published
Syllabus: 1. Telegraph Company. Wilful delay. Punitive damages. Message announcing death. Where a telegraph, company received for transmission and delivery a message to a woman announcing the death of her husband, but failed to deliver the same for several days, its failure being without excuse and so negligent as to amount to willfulness, it is liable to the sendee for punitive, as well as actual, damages. 2. Same. Actual damage. In such case the plaintiff cannot recover an item of actual damage not shown to have been suffered.