Jones

(after stating the facts as above). [1] With respect to the first cause of action, it is apparent that the only damages claimed are based upon tire fact that, because of the wrongful delivery of the message referred to, plaintiff Elvira did “undergo grievous mental suffering and anguish of mind,” and “was rendered .sick,” and “was prostrated.” It is clear that in all these allegations plaintiffs have but enlarged upon the term first employed, to wit, “mental suffering.” No physical violence or injury to the person of plaintiff Elvira is claimed, and no physical disability or impairment is set forth, save that which must have arisen because of the intense mental suffering, grief, and anguish brought upon plaintiff because of the receipt by her of the information that her father had died.

The digests and many of the text-books unfortunately (Francis v. Western Union Telegraph Co., 58 Minn. 252 , 59 N. W. 1078 , 25 L. R. A. 406, 49 Am. St. Rep. 507 ) abound with references to cases *303 emanating from different courts of last resort in the United States holding that damages may be recovered for mental suffering induced by the wrongful transmission and delivery, or failure of…