Aldridge

Western Union Telegraph Co. v. Aldridge

Good Law
66 F.2d 26·89 A.L.R. 352·1933 U.S. App. LEXIS 2529
United States Court of Appeals for the Ninth CircuitJune 19, 1933No. 7031California1,828 words

Opinion

Lead Opinion

Wilbur, J.

Hershell E. Aldridge brought this suit against the Western Union Telegraph Company, hereinafter called the telegraph company, for compensatory and exemplary damages for its alleged breach of duty in revealing, through an employee, the contents of a telegram, dated January 22, 1931, addressed to the appellee at Palo Alto, Cal., from his divorced wife, Naoma Aldridge, in Sheridan, Wyo. The jury returned a verdict in favor of the appellee for $1 compensatory and $500 exemplary damages. The telegraph company appeals from the judgment upon the ground that neither the pleadings. nor the evidence sustain the verdict and judgment for exemplary damages. No point.is made by either party with reference to the judgment, for compensatory damages. There was no cross- *27 appeal. The appellant contends there was no basis for exemplary damages against the employee who revealed, the contents of the telegram, and that, even if there were snffieient evidence to justify a verdict and judgment against her, the telegraph company, her employer, is not liable therefor in fixe absence of evidence of direct authorization or express ratification or participation in the wrongful act.

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