Western Union Telegraph Co. v. Cowardin
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. In April, 1909, appellee and her husband adopted a baby boy, eleven months old. They named him Paul Cowardin. Paul died in the Orphan’s Home at Monticello, Arkansas, July 30, 1909, at 10 a. m. The superintendent of. the Home transmitted a message to appellant’s operator -at Monticello, addressed to appellee, at Bentonville, Arkansas.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. In April, 1909, appellee and her husband adopted a baby boy, eleven months old. They named him Paul Cowardin. Paul died in the Orphan’s Home at Monticello, Arkansas, July 30, 1909, at 10 a. m. The superintendent of. the Home transmitted a message to appellant’s operator -at Monticello, addressed to appellee, at Bentonville, Arkansas. The message read as follows: “Paul Cowardin died this morning at 10 o’clock. Will be buried at 9. With heart full of sympathy. Signed, J. M. Williams.” The…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The court, at the request of appellant, granted prayers for instructions which told the jury that if the earlier receipt of appellee ’s request to embalm and hold the body would not have prevented the funeral from taking place when it did, and if the failure to embalm and hold the body was the result of Williams’s misunderstanding of appellee’s wish, expressed in her telegram, the jury should find for the appellant.
Appellant now contends that the evidence shows conclusively that the failure to embalm the body was not by reason of the late receipt of the…
2Cases cited2 opinions
- Berman v. ShelbySupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. HarrisSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Home Co. v. LammersSupreme Court of Arkansas · 1952
- Pinnacle Old Line Insurance v. EllisSupreme Court of Arkansas · 1957
- Andrews v. Southwestern Hotel Co.Supreme Court of Arkansas · 1931
- Hankins v. DooleySupreme Court of Arkansas · 1958