Western Union Telegraph Co. v. Culpepper, 120 Ark. 319 (1915)

Oct. 18, 1915 · Arkansas Supreme Court

120 Ark. 319

Western Union Telegraph Company v. Culpepper.

Opinion delivered October 18, 1915.

.Telegraph companies — failure to deliver inter-state message — mental anguish. — An action for damages for mental anguish will not lie under ¡the Arkansas 'Statutes, for negligence in the transmission or delivery of an interstate telegraph message.

Appeal from Union Circuit Court; Charles W. Smith, Judge;

reversed.

Geo. Ii. Fearons and Gau-ghan <& Sifford, for appellant.

1. There is no item of expense for the telegram or messenger fee and an action for mental anguish does not lie under our statutes for negligence in the transmission of an interstate message. 115 Ark. 564.

Hart, J.

O. N. Culpepper sued the Western Union Telegraph Company to recover damages for mental anguish alleged to have been suffered by him. The plaintiff resided in the suburbs of El Dorado, in Union County, Arkansas, and the message which is the foundation of this action, was addressed to him alt El Dorado, in the State of Arkansas, and sent from Campti, in the State of Louisiana.

There is no item of expense for the telegram' or for a messenger fee sued for ¡or ¡alleged to have been paid ¡by the plaintiff; and we have held that an action for mental anguish will not lie under our statutes for negligence- in the 'transmission or delivery of an interstate message. See Western Union Telegraph Co. v. Johnson, 115 Ark. 564.

It follows that the judgment of the court below must be reversed ¡and the cause of action dismissed.