Court of Appeals of Georgia October 4, 1945, 30983. (Western Union Telegraph Co. v. Nix)

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United States · · · 04-10-1945

Felton, J.

In order to authorize the recovery of punitive- or exemplary damages for the failure on the part of the telegraph company to deliver a telegram, it is incumbent upon the plaintiff to show that the damage grew out of “wilful misconduct, malice,, fraud, wantonness, or oppression, or that entire want of care which would raise the presumption of a conscious indifference to the-consequences.

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