80 Ind. App. 376 | Ind. Ct. App. | 1923
Appellee was the sender of the following telegraphic message: “Indianapolis, Indiana, December 20, 1921. Aria King, Pelahatchie, Mississippi. Mother is dead 6:25 this Tuesday evening. Ella Meyers.” Appellant, the telegraph company which accepted the message for transmission, negligently failed to send it, and appellee commenced this action for damages. A trial resulted in a finding and judgment for appellee in the sum of $50.97. A new trial having been denied, this appeal is prosecuted. The only question involved is: Can the sender of a telegram addressed to the sender’s brother in another state, informing such brother of the death of their mother, recover damages solely for mental suffering caused by the negligence of the telegraph company in failing to transmit the telegram?
The message being interstate in character, the statute of this state imposing a penalty for failure to transmit a telegram (§5781 Burns 1914, Acts 1885 p. 151) cannot be invoked, and the liability of the telegraph company for negligence in its transmission or delivery is controlled by federal law. Act of June 18, 1910, 36 Stat. at L. 539-545; Western Union Tel. Co. v. Hanlin (1920), 73 Ind. App. 120, 125 N. E. 45; Western Union Tel. Co. v. Boegli (1919), 251 U. S. 315, 40 Sup. Ct. 167, 64 L. Ed. 281. The common-law rule in such cases is the rule followed by the federal courts. The common law gives no redress for mental suffering when such suffering is not inseparably ac
That the sender of a telegram which through the negligence of the telegraph company was not sent or promptly' delivered was damaged to the amount of the price paid for the service, will not authorize a recovery for mental suffering. The sender’s small monetary loss by reason of the charge for transmitting the telegram is fixed with certainty, and is wholly separable from the damages suffered, if any, for mental distress. Corcoran v. Postal Tel., etc., Co. (1914), 80 Wash. 570, 142 Pac. 29, L. R. A. 1915B 552.
Since the damages awarded appellee, other than the small charge paid the company to send the message, are solely for mental suffering unaccompanied by any physical injury, we hold that the decision of the court is contrary to law.
Judgment reversed, with instructions to grant a new trial, and for further proceedings consistent with this opinion.