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KAUFMAN v. WESTERN UNION TELEGRAPH COMPANY

No. 15346.

224 F.2d 723 (1955)

Bertha KAUFMAN, Appellant, v. WESTERN UNION TELEGRAPH COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 31, 1955.

Attorney(s) appearing for the Case

Oscar H. Mauzy, Otto B. Mullinax, and Mullinax & Wells, Dallas, Texas, for appellant.

Ashton Phelps, New Orleans, La., John W. Miller, Dallas, Tex., John H. Waters, New York City, Phelps, Dunbar, Marks & Claverie, New Orleans, La., of counsel, for appellee.

Before RIVES, Circuit Judge, and DAWKINS and DE VANE, District Judges.

RIVES, Circuit Judge.

This appeal is from a summary judgment for the defendant, Western Union Telegraph Company, the district court holding that for negligent delivery of an interstate telegram and wrongfully informing the addressee that it was a death message when in fact it was not, there can be no recovery of damages for mental anguish nor for physical illness and medical expenses ensuing from such mental anguish.

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