Western Union Telegraph Co. v. Hanley
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Meeks, Judge-; STATEMENT .BY THE COURT. Plaintiff instituted this action in the circuit court of Izard County to recover damages alleged to have been sustained by her on account of appellant’s negligent failure to transmit and deliver a telegram sent by her from Memphis, Tenn., to May-field, Ky.
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Appeal from Izard Circuit Court; John W. Meeks, Judge-; STATEMENT .BY THE COURT. Plaintiff instituted this action in the circuit court of Izard County to recover damages alleged to have been sustained by her on account of appellant’s negligent failure to transmit and deliver a telegram sent by her from Memphis, Tenn., to May-field, Ky. The circumstances under which the telegram was sent were as follows: Plaintiff resided in Arkansas, but was en route to May-field, Ky., for the purpose of visiting her niece, who resided at that place, and whose husband was a member' of the firm of ’ Gardner &.…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) It is contended on behalf of appellant, upon authority particularly of the case of Western Union Tel. Co. v. Shenep, 83 Ark. 476, that the facts in this case do not warrant the recovery of damages. We find nothing, however, in that case which necessarily precludes a recovery upon the facts presented in this. The evidence clearly shows that the plaintiff sustained a distinct physical injury on account of the negligent failure to deliver the message, and that appellant’s agent received positive information sufficient to put him on notice that such injury…
2Cases cited6 opinions
- Green v. Telegraph Co.Supreme Court of North Carolina · 1904
- Barnes Ex Rel. Barnes v. Western Union Telegraph Co.Nevada Supreme Court · 1904
- Postal Telegraph Cable Co. v. TerrellCourt of Appeals of Kentucky · 1907
- Sexton v. BrockSupreme Court of Arkansas · 1854
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Telegraph Co. v. CrawfordSupreme Court of Oklahoma · 1911
- Greenville Stone & Gravel Co. v. ChaneySupreme Court of Arkansas · 1917
- Western Union Telegraph Co. v. ArchieSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. OastlerSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.