Legal Opinion

Western Union Telegraph Co. v. Nelson

Supreme Court of Arkansas

Decided May 25, 1908PublishedCited by 4 opinions

Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The letter mentions mental worry, but there is no claim for damages on that account.

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Appeal from Little River Circuit Court; James S. Steel, Judge; 1. The letter mentions mental worry, but there is no claim for damages on that account. This case is controlled by Telegraph Company v. Moxley, 80 Ark. 554. The items of cash expended were properly disallowed. 53 Ark. 434. 2. This State having proclaimed a quarantine against the State of Louisiana of which appellant had knowledge, his telegram was an invitation to the commission of a criminal act, and he is not entitled to recover damages. 11 Fed. 193; 75 Ga. 366; 83 Ga. 25; 47 Atl. 926; 118 Mich. 369; 72 Miss. 1025; 45 S. C. 344;…

1Opinion of the CourtMcCulloch, J.

During the yellow fever -epidemic- of 1905 the plaintiff sent a telegraphic message from Foreman, Arkansas, to his wife at Montgomery, Louisiana, requesting her to procure a health certificate and come at once to Washington, Arkansas. The message was not delivered, and he sued the telegraph company for damages by reason of the alleged negligence. Fie claims certain expenses ■ incurred in going to his wife and mental anguish suffered by reason of his wife being detained in the infected district until the quarantine regulations of this State prevented her from coming here.

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2Cases cited1 opinion

  1. Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906

3Cited by4 opinions

  1. Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
  2. Lytle v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
  3. Welsh v. Western Union Telegraph Co.Supreme Court of South Carolina · 1945
  4. Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909

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