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GLOBE-MACKAY CABLE & RADIO CORP., VS.

BARRIOS, 119 SCRA 461 FACTS: Petitioner cable company failed to deliver to respondent spouses, both physicians, a cable gram from Mercy Hospital, Buffalo, New York, admitting the respondent-wife for a rotating internship in said hospital, as a consequence of which, she was unable to signify her acceptance and the position was given to someone else. An action to recover damages was granted by the court. ISSUE: Was the award for damages proper? HELD: [I]The SC agrees with the finding of the trial court and the Appellate Court that petitioner was grossly negligent in having admitted failed to deliver the cablegram, particularly considering that respondents had received another telegram, identically addressed, delivered to them by Eastern Extension, another cable company. The SC also agrees with the finding that such failure cause respondents financial difficulties in New York, due to loss of earning for approximately 6 months, serious anxiety and sleepless nights, for which petitioner should be held liable, and which should be corrected for the public good. A telegraphic company is a public service corporation owing duties to the general public and is liable to any member of the public to whom it owes a duty for damages proximately flowing from a violation of that duty.

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