Western Union Telegraph Co. v. Johnson
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; W. J. Driver, Judge; 1. This was an interstate message and no recovery can be had. Western Union Tel. Go. v. Compton, ms. op.; 180 U. S. 1; 172 M 475. Western Union Tel. Go. v. Brown, 180 U. S. 1, does not determine this case. 38 L. E. A. 40. See, 100 S. W. 974; 33 Ark. 350; 79 Ark. 448; 82 Id. 96; 93 Id. 415; 37 Cyc. 1664-1669. In 50 A. L. E. 9, every contention of appellee was sustained.
1Opinion of the CourtSmith, J.
On the 23d day of March, 1913, appellee sent, from appellant’s office at Earle, Arkansas, to one W. T. Eatcliff, at Blue Mountain, Mississippi, the following telegram:
“Dear homefolks: Our little Pauline died at midnight. We will be home on evening train via Middleton. Have everything prepared. ’ ’
Mr. Eatcliff was the grandfather of the little child, and failed to make any arrangements for the funeral because the telegram was never delivered. And, as a result of this failure to deliver the telegram, certain circumstances arose causing mental anguish. A charge of eighty cents was made and paid…
2Cases cited4 opinions
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Western Union Telegraph Co. v. Commercial Milling Co.Supreme Court of the United States · 1910
- Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
3Cited by21 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Western Union Telegraph Co. v. HawkinsSupreme Court of Alabama · 1916
- Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
- Western Union Telegraph Co. v. BaileyCourt of Appeals of Texas · 1916
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