Western Union Teregraph Co. v. Gulledge
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Zachariah T. Wood, Judge; 1. Appellant was notified of his brother’s condition in time to have reached his bedside while he was still conscious. The telegram in suit would have conveyed no additional information.
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Appeal from Ashley Circuit Court; Zachariah T. Wood, Judge; 1. Appellant was notified of his brother’s condition in time to have reached his bedside while he was still conscious. The telegram in suit would have conveyed no additional information. His own negligence bars recovery. 140 Fed. 316; 80 Tex. 420; 88 Tex. 230; 67 S. W. 849; 93 Tex. 114; 33 S. W. 728; 3 S. W. 496; 36 So. 188; Joyce on Electricity, § 972; Gray on Com. by Tel. § 100. 2. In the matter of instruments used and the competency of its servants, appellant is not an insurer, but is only held to the exercise of ordinary and…
1Opinion of the CourtHart, J.
The complaint in this case alleges that the defendant accepted for transmission the following telegram:
“Hamburg, Arkansas, April 13, 1905.
“R. E. Gulledge, White, Ark.
“Eugene very sick; wants you. Come immediately, wind up his business.
[Signed] “Mrs. W. T. Gulledge.”
That this was to be sent “collect.” That plaintiff’s brother lay dying at his home in Drew County, Arkansas, and said brother was possessed of large business interests, and wished plaintiff, in whom he had special confidence, to come and be intrusted with private details, and also to console him in his last illness. That through…
2Cases cited3 opinions
- Western Union Telegraph Co. v. HoffmanTexas Supreme Court · 1891
- Western Union Telegraph Co. v. BlackmerSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. MatthewsCourt of Appeals of Kentucky · 1902
3Cited by2 opinions
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
- Western Union Telegraph Co. v. JohnsonCourt of Appeals of Texas · 1913