The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-01
MENTAL ANGUISH
Interesting Case Against
Western Union Argued
Yesterday.

|
gument of the case of j. l.. Davis VS..
Western Union Telegraph Company,
for damages resulting from mental
anguish suffered by the plaintiff
through failure of the defendant COM
pany to deliver a message sent to him
by his wife that she had got left" on
her way to Washington n. c., to join
her husband.
The facts on which the case arose
are unusual and the legal point involv-
ed one that will add to the line of
mental anguish decisions which has
been growing in the State ever since
the Supreme Court recognized the
doctrine some years ago.
1t seems that on June 26th, last
Mrs. Dayvis, whose home was in
Chapel Hill, but who had been visiting
in Durham. left the latter point for
Washington, N. c., to join her hus-
band, it being her first trip to that
town. to which Mr.. Dayvis had only
recently removed. In changing cars
at Rocky Mount she took the wrong
train and was finally landed at Wei
don, with two children who were sick,
and only a very small amount of mon
ely. 1t was then that she sent the
message which is the basis of the &C
ton:
-. L.. Dayvis. Washington, N. c.:
Got left BE there at 7:30 O'Clock to-
morrow. D.
This message it is admitted was
never delivered to the plaintiff, who
went to PaCtolus to meet his wife. He
states in his testimony that he went
through the train making enquiries but
could find out nothing; that he found
the trunk of his wife on board checked
to Washington; that he thus knew she
had started on her Journey and that
he FASTENED back to Washington and
tried to telegraph and then to tele-
phone; that it was Sunday and the
telegraph office was shut; that by rea-
son of the uncertainty and the knoWi-
edge that his wife was without funds
and her children sick he was
greatly distressed and unnerVed.
The wife also testified as to the facts
concerning the mistake in trains and
the sending of the telegram. She
states in addition that she told the
agent that she had made a mistake;
that her children were sick and that
unless her husband were informed of
her whereabouts he would be greatly
worried. Later she returned to the
telegraph office and asked whether the
message had been sent. The agent
stated that it had got off all right.
Mrs. DayVis registered at the hotel and
staid there all night. leaving for Wash
ington the next day. She testified.
however. that on account of lack of
funds she and her children subsisted
during the time of their delay on few
cakes and two cocoa coIas.
a portion of Mrs. Dayvis' testimony
is denied by the agent at Weldon in
so far as to the statement that he was
informed of the sickness of the child
rem and that the husband would be
worried unless he received the mes
sage.
What Is Mental Anguish?
The case, which was heard before |
Judge b. F.. Long, resulted in a verdict
FOR the plaintiff of two hundred and |
fifty dollars and the defendant COM
pany appealed
a In the argument before the Supreme !
Court the contention of the defendant |
was that since in order to make a tel |
egIaph company liable for damages |
for mental anguish, there must have |
been brought to its attention, either |
through the wording of the telegram, !,
Dr otherwise, facts sufficient to notify |
he company that mental suffering /
would likely result from negligence in
he delivery of the message, the de-
sendant could not be liable srce there
vas nothing on the face of the mes
sage to indicate that it was of such |
| character as to cause mental suffer
ng If not delivered; and, also, that
negligence in the delivery of 9 tele
gram intended merely to relieve men
al anxiety does not make the telegraph |
liable for compensatory dam
,ges 1t was strongly commended that
he message did not indicate its i'm
lortanCe by its wording and that the |
act that Mrs, Dayvis did not state to
he operator the fact that the husban |
new of the sickness of the children |
'eieved the compan'- of the burden OF
damages, since any anxiety felt by the
husband must have resulted, not from
he failure of the telegram to arrive,
]ut from the failure of the wife ana
children to come when expected.
The plaintiff rested his case chiefly
lpOn the grounds that the rule as tC
. failure of compensatory damages ap.
)lied only when the message SEN
vas intended to relieve mental anxiet{
1ep existing in the mind of the sender
he principle being that a recovery
,ould be had only for the causing Of
mental anguish and not from fail
Ire to relieve anxiety already existing |
n the mind of the person sending tn |
message. The plaintiff also contendee |
hat the statements of Mrs. Dayvis tC
he operator especially her notice tC
lim that the children were sick anC |
Ter husband would be worried if hc |
lid not hear from them, were tanta