Western Union Telegraph Co. v. Gillis
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. This is an appeal by the Western Union Telegraph Company from a verdict and_ judgment against it in favor of Berta Gillis for damages resulting from an alleged negligent failure to. deliver a message. On the 29th day of May, 1905, the following telegram was delivered to appellant for transmission: “Fordyce, Ark., 5-29-05. “Virda Gillis, De Witt, Ark. “Mother very low; come at once.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. This is an appeal by the Western Union Telegraph Company from a verdict and_ judgment against it in favor of Berta Gillis for damages resulting from an alleged negligent failure to. deliver a message. On the 29th day of May, 1905, the following telegram was delivered to appellant for transmission: “Fordyce, Ark., 5-29-05. “Virda Gillis, De Witt, Ark. “Mother very low; come at once. “D. H. Gillis.” The testimony does not show at what time the message was delivered to the operator at Fordyce, but it is conceded…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant assigns as error the action of the court in giving the following instruction:
“4. The court instructs the jury that if a day message is received for transmission by defendant company, it then becomes their duty to transmit same as far as possible, even though it is unable to reach the destination before seven o’clock p. m. of that day, and, should such message be received at its destination after seven o’clock p. m., it becomes the duty of said company to deliver such message within the limits of its free delivery district.”
In the cases…
2Cases cited2 opinions
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Smith v. FeltzSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Western Union Telegraph Co. v. HarrisSupreme Court of Arkansas · 1909
- Hightower v. HightowerSupreme Court of Arkansas · 1917
- Wood v. WoodSupreme Court of Arkansas · 1960
- Thompson v. Guthrie Mill & Elevator Co.Supreme Court of Arkansas · 1919