In the case of Western Union Telegraph Company v. Priester, 1927, the U.S. Supreme Court ruled in favor of Western Union Telegraph Company against a claim made by Priester for damages due to mental anguish caused by non-delivery of a death message. The court held that under Mississippi law, recovery for mental suffering could only be allowed when it resulted from physical injury or was inflicted willfully and not negligently as in this case. Therefore, since there was no evidence showing any deliberate intention on part of Western Union to cause harm or distress to Priester through its negligence in delivering the telegram promptly and correctly, he could not recover damages solely based on his emotional distress.

In the dissenting opinion for Western Union Telegraph Company v. Priester, it was argued that the majority's decision to hold Western Union liable for damages due to a delayed message delivery was incorrect. The dissenting justices believed that there were no grounds for liability as the company had not acted in bad faith or with gross negligence. They contended that telegraph companies, like other businesses, should be allowed reasonable leeway in their operations and cannot guarantee absolute precision at all times due to factors beyond their control such as weather conditions or technical issues. Therefore, they felt it unjustifiable to penalize them unless clear evidence of misconduct could be proven which wasn't present in this case according to them.