In the case of Great Western Telegraph Company v. Purdy, 1895, the Supreme Court examined whether a telegraph company could be held liable for damages resulting from its failure to deliver a message in a timely manner. The plaintiff had sent an urgent telegram via Great Western Telegraph Company to his wife who was seriously ill but it arrived too late and she passed away before he could reach her. He sued for emotional distress caused by this delay. However, the court ruled that while there may have been negligence on part of the telegraph company, they were not responsible for any mental anguish suffered by Mr.Purdy as there was no physical injury involved which is required under Illinois law at that time to claim damages for emotional distress.

In the dissenting opinion for Great Western Telegraph Company v. Purdy, it was argued that the majority's decision to hold telegraph companies liable for mistakes made by their employees in transmitting messages could have far-reaching and potentially harmful consequences. The dissenting justices believed that this ruling would place an undue burden on telegraph companies, which were already operating under tight margins and facing stiff competition from other forms of communication. They also expressed concern about the potential impact on consumers, who might face higher prices as a result of increased liability costs for telegraph companies. Furthermore, they questioned whether it was fair or reasonable to hold these businesses responsible for errors made by their employees when those workers were often dealing with complex codes and high volumes of traffic under stressful conditions.