Legal Opinion

Western Union Telegraph Co. v. Wilson

Supreme Court of Arkansas

Decided October 5, 1914Published

Appeal from Logan Circuit Court, Southern District; Jeptha II. Evans, Judge; STATEMENT by the court. Appellee, who was the plaintiff below, alleged in his complaint that on October 26,1913, a telegram was delivered to defendant at Casa, Arkansas, directed to him at Booneville, Arkansas, care of sanitarium, advising him that his wife, then at Nimrod, Arkansas, was very ill, not expected to live, and if he wanted to see her he must come at once; that the message was not…

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Appeal from Logan Circuit Court, Southern District; Jeptha II. Evans, Judge; STATEMENT by the court. Appellee, who was the plaintiff below, alleged in his complaint that on October 26,1913, a telegram was delivered to defendant at Casa, Arkansas, directed to him at Booneville, Arkansas, care of sanitarium, advising him that his wife, then at Nimrod, Arkansas, was very ill, not expected to live, and if he wanted to see her he must come at once; that the message was not delivered by defendant within a reasonable time, or at any time; that on the day on which this message was delivered to…

1Opinion of the Court

Smith, J.,

(after stating the facts). The instruction above set out was the only instruction given by the court defining the conditions under which appellee might recover, and it mu-st, therefore, necessarily be true that the jury’s verdict was based upon this instruction.

There was no evidence to the effect that there was telephone 'connection between the telegraph office and the sanitarium, and the instruction was, therefore, abstract arid. prejudicial, and the action of the court in giving it. was error, which calls for the reversal of the case. Westmoreland v. Plant, 89 Ark. 147. The…

2Cases cited1 opinion

  1. Westmoreland v. PlantSupreme Court of Arkansas · 1909

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