Arkansas Reports; Cases Determined in the Supreme Court of the State of Arkansas, at the ... Volume 83 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... there could be no recovery for his wounded sensibility. De Voegler v. Western Union Tel. Co., 30 S. W. 1107. Mental suffering over supposititious or imaginary conditions is not a recoverable element. Western Union Tel. Co. v. Hollingszvorth, ante, p. 39; Jones on Tel. Companies, 579; 3 Sutherland on Damages, 975. Illustrations could be multiplied, but these are sufficient to show that anguish over imaginary situations, worry and anxiety over business matters, inconvenience and annoyance over the ordinary affairs of life, do not amount to mental anguish as a recoverable element of damage. Such element is limited to social and personal matters, as contradistinguished from business transactions, and contemplates suffering in mind over the real ills, sorrows and griefs of life, and such suffering as would reasonably be contemplated to flow from the failure to acquaint the person with the tidings sought to be conveyed. The application of these principles here shows that it was error to submit mental pain and suffering as a recoverable element. The plaintiff would be entitled to recover nominal damages in any event, and such actual damages as he might show directly flowed from the failure to promptly deliver the message, and as to what damages would be proximately resultant from such failure the following cases may be profitably consulted: Western Union Tel. Co. v. Smith, 13 S. W. 169; Yazoo, etc., Ry. Co. v. Foster, 23 So. 581; Stafford v. Western Union Tel. Co., 73 Fed. 273. Reversed and remanded. Ch1cago, Rock Island & Pac1f1c Ra1lway Company V. F1tzhugh. Opinion delivered July 15, 1907. Ra1lroads--Success1ve Penalt1es For Nonconstruct1on Of Stock Guard.--Where a landowner, after recovering a penalty from a railroad company for...