Western Union Telegraph Co. v. Furlow
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George B. Haynie, Judge; 1. Tbe court should have directed a verdict for defendant. 121 Ark. 249; 102 Id. 607; 77 Id. 534; 71 Id. 604; 97 Id. 226; 108 Id. 92; 110 Id. 605. 2. The court erred in its instructions. 3. The verdict is excessive. 85 Ark. 267; 113 Id. 9. 1. This case is governed by the law as settled on the former appeal.
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Appeal from Lafayette Circuit Court; George B. Haynie, Judge; 1. Tbe court should have directed a verdict for defendant. 121 Ark. 249; 102 Id. 607; 77 Id. 534; 71 Id. 604; 97 Id. 226; 108 Id. 92; 110 Id. 605. 2. The court erred in its instructions. 3. The verdict is excessive. 85 Ark. 267; 113 Id. 9. 1. This case is governed by the law as settled on the former appeal. There are no new issues or additions, nor different testimony. 121 Ark. 246. There is no error in the instructions; the verdict is sustained by the evidence and is not excessive. Two juries have passed on the case and it should…
1Opinion of the CourtHumphreys, J.
This is the second appeal in this case. On the former appeal, the judgment was reversed because the trial court erred in two particulars, as follows :
First. In excluding evidence that the stenographer employed by the Stout Lumber Company had agreed to deliver the telegram to Lee Young, father of appellee, to whom the telegram was sent, and who was in the employ of the Stout Lumber Company.
Second. In permitting counsel, in his closing argument, to bear witness to the good character of Mr. Young.
The law of the case as to.the duty of the telegraph company to deliver messages was laid down as…
2Cases cited2 opinions
- Western Union Telegraph Co. v. AlfordSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
3Cited by3 opinions
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Bank of Dermott v. MeaselSupreme Court of Arkansas · 1926
- Sessions v. Thomas D. Dee Memorial Hospital Ass'n.Utah Supreme Court · 1938