FAILED TRANSMISSIONS AND BROKEN HEARTS

Abstract

This paper explores a series of nineteenth century court cases involving the failed delivery of telegraphic ‘death messages.’ In these cases, friends or family members of a deceased or dying person failed to receive a telegram announcing the death or illness, and thus either missed their loved one's funeral or were unable to see them before they died. The intended recipient of the telegram then sued the telegraph company over the emotional suffering they experienced as a result. Those cases that were decided on behalf of the presumably emotionally wronged party offered a complex understanding of the public responsibilities of telecommunications companies. In the view of the courts that made these decisions, these companies were not simply responsible for transmitting messages. They also had an empathetic duty to the feelings of their customers. These court decisions have much to teach media historians about nineteenth century communications law and the emotional implications of new technologies.