Western Union Telegraph Co. v. Westbrook
Supreme Court of Arkansas
Appeal from White Circuit Court; Eugene Gypert, Special Judge; STATEMENT BY THE COURT. Appellee alleged in her complaint that appellant was a corporation, operating a line of telegraph from Saltillo, Texas, to Beebe, Arkansas, and that on January 4, 1912, one Walter Everett, delivered to the defendant company at Saltillo, a message directed to her at Beebe, advising her that her husband, who was then at Saltillo, was very ill, and that on the next day the said Everett…
Read the full summary
Appeal from White Circuit Court; Eugene Gypert, Special Judge; STATEMENT BY THE COURT. Appellee alleged in her complaint that appellant was a corporation, operating a line of telegraph from Saltillo, Texas, to Beebe, Arkansas, and that on January 4, 1912, one Walter Everett, delivered to the defendant company at Saltillo, a message directed to her at Beebe, advising her that her husband, who was then at Saltillo, was very ill, and that on the next day the said Everett delivered another message to the defendant directed to appellee in the following words: “Bert died today. Interment here…
1Opinion of the Court
Smith, J.,
(after stating the facts). We have set out the evidence in extenso because of the view we take of it, and for the same reason we regard it as unnecessary to set out or discuss the instructions in this opinion. Appellee complains of the alleged negligent failure to deliver the messages, one addressed to her individually, and the. other to her and John Westbrook jointly, the one advising her of her husband’s illness, the other of his death. The first message she claims not to have been received until the morning* of the 6th, and the other one not until the afternoon of that day. But a…
2Cases cited1 opinion
- King v. Western Union Telegraph Co.Supreme Court of Arkansas · 1909