§ 58-9-1860 — Liability for negligence causing mental anguish or suffering.

All telegraph companies doing business in this State shall be liable in damages for mental anguish or suffering, even in the absence of bodily injury, for negligence in receiving, transmitting or delivering messages, without regard to relationship by blood or marriage or whether such messages afforded notice of such relationship or otherwise or that injury or damage would result if such anguish or suffering resulted as a matter of fact. In all actions under this section the jury may award such damages as they conclude resulted from negligence, wantonness, wilfulness or recklessness of the telegraph companies. And when a telegram shows on its face that it relates to sickness or death, the real party for whose benefit the telegram was sent and who suffered mental anguish by reason of the negligence or wilfulness of the telegraph company may recover damages as herein provided without being required to allege or prove that the telegraph company had notice or knowledge at the time the message was sent of his relation to it or of the extent or scope of his damage. Nothing contained in this section shall abridge their rights or remedies otherwise provided by law against telegraph companies and the rights and remedies provided by this section shall be in addition to those otherwise existing.

Legislative History

HISTORY: 1962 Code SECTION 58-255; 1952 Code SECTION 58-255; 1942 Code SECTION 8553; 1932 Code SECTION 8553; Civ. C. '22 SECTION 5036; Civ. C. '12 SECTION 3330; Civ. C. '02 SECTION 2223; 1901 (23) 748; 1909 (26) 84; 1911 (27) 226. ARTICLE 17 Telephone and Telegraph Companies - Common Provisions