AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

MACKAY TELEGRAPH CABLE CO. v. MARTIN et al.

LEVY, J.

It is insisted that the case of Telegraph Co. v. Tice, 149 S.W. 1078, is in direct conflict with the ruling in the instant case. We do not think that case is at variance or in conflict with the present case. The question involved in the Tice Case was whether or not mental anguish alone was recoverable as damages. We intended to hold, and so interpret our ruling, that mental anguish was recoverable in that case. We used this language:

"Hence, according to our view, it is immaterial whether this be treated as a Texas or an Arkansas contract; in either event, the result would be the same."

And in that opinion we stated that the laws of Texas, as well as Arkansas, allowed recovery for mental anguish in that character of suit. In the instant case we hold that the message was interstate, and the laws of Mississippi where the contract was made, denied a recovery for mental anguish alone in this character of suit. The two cases apply the same principle of law.

The motion for rehearing is overruled.

Use AI to get other relevant cases.

Comments

MACKAY TELEGRAPH CABLE CO. v. MARTIN
(Feb 12, 1920)