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Western Union Telegraph Co. v. Dodson

Western Union Telegraph Co. v. J. J. Dodson

Western Union Tel. Co. v. Dodson, 54 So. 844 (Miss. 1910)
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Court
Mississippi Supreme Court · State Highest Courts
Decided
October 15, 1910
Judges
Anderson
Citations
54 So. 84498 Miss. 745
Syllabus
Teipgraph. Failure to deliver message. Damages. A recovery of $1,500.00 for failure to deliver a telegram announcing illness of addressee’s brother of whose death addressee was advised by letter is excessive to the extent of five hundred dollars.
Summary
Appeal from the circuit court of Lawrence county. Hon. A. E. Weathersby, Judge. Suit by J. J. Dodson against the Western Union Telegraph Company. Judgment for plaintiff for fifteen hundred dollars and defendant appeals. This is an appeal from a judgment for fifteen hundred dollars damages for the failure of the appellant to deliver-to'appellee a telegram announcing the serious illness of his brother. The telegram was delayed two weeks in delivery, and was only delivered when called for by appellee, who had been advised by letter of the death of his brother.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Anderson

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Anderson, J.,

delivered the opinion of the court.

We find no merit in any of the assignments of error in this case, except that the verdict of the jury is excessive. Taking every fact as established which the appellee’s testimony tended to prove, in our judgment the verdict of the jury is so excessive as to evince on their part passion or prejudice. .

For this reason, unless the appellee shall enter here a remittitur of five hundred dollars, the case is reversed and remanded. If such a remittitur is entered, it is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11964: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Callicott v. Gresham161 So. 2d 183 (Miss. 1964)
  2. Nitka v. Western Union Telegraph Co.135 N.W. 492 (Wis. 1912)

Most recent

  1. Callicott v. Gresham161 So. 2d 183 (Miss. 1964)
  2. Nitka v. Western Union Telegraph Co.135 N.W. 492 (Wis. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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