Western Union Telegraph Co. v. Jackson
Mississippi Supreme Court
Western Union Telegraph Co. v. Jackson, 95 Miss. 471 (Miss. 1909)
49 So. 737
Smith
Western Union Telegraph Co. v. Jackson
Opinion of the Court
delivered tbe opinion of tbe court.
Tbe admission of tbe evidence of statements made by appellant’s messenger boy to plaintiff and Rose Washington, several days after tbe delivery of tbe telegram, with reference to' tbe time of its receipt at appellant’s office in Summit, was error. Forsee v. Railroad Company, 63 Miss. 66, 56 Am. Rep. 801; Bernheim v. Hahn, 65 Miss. 459, 1 South. 539.
As there was no element of punitive damages disclosed by tbe evidence, it was also error for tbe court to submit that question to the jury.
Reversed and remanded.
Reference
- Full Case Name
- Western Union Telegraph Company v. Martha Jackson
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Evidence. Agent’s statements. Telegraph messenger. After delivery. Statements made by tbe delivery messenger of a telegraph company, several days after the delivery of a message, touching the time of its receipt at the office charged with its delivery, are not admissible in evidence in a suit against the company for a failure to promptly deliver it. 2. Same. Punitive damages. When error to siibmAt question to jury. It is error to submit to the jury the question of punitive damages where the evidence fails to ^how any evidence justifying the award of such damages.