Western Union Telegraph Co. v. Rhine
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; 1. If the telegram had been delivered with due promptness, plaintiff could not have attended the funeral, and hence not damaged by the delay. 27 Am. & Eng. Enc.
Read the full summary
Appeal from Arkansas Circuit Court; Bugene Lankford, Judge; 1. If the telegram had been delivered with due promptness, plaintiff could not have attended the funeral, and hence not damaged by the delay. 27 Am. & Eng. Enc. Law, 1075. No notice was given that the funeral would be postponed to await arrival. 87 Tex. 7; 27 S. W. 54. 2. The verdict is excessive. 76 S. W. 456; 67 Id. 159; 92 Tenn. 694; 84 Ark. 475. 1. If the message had been promptly delivered, appellee could have arrived in time for the funeral. 72 S. W. 200; 54 Id. 414. 2. The jury were properly instructed, and the verdict is not…
1Opinion of the CourtHart, J.
This suit is based upon the failure to deliver the following telegram dispatched from Almyra, Arkansas, to Carmi, Illinois:
“Aimyra, Ark., Sept. 23, 1906.
“Mrs. Theodore Rhine,. “Carmi, Illinois.
“Jake died suddenly this afternoon. Wire the boys answer will you come. Meet you at Stuttgart, shipment impossible.
“F. C. Rhine.”
The jury returned a verdict for appellee for $750. The telegraph company has appealed. It is insisted by its counsel that there is not sufficient evidence to sustain the verdict.
The appellant’s office at Aimyra was not a night office, but the sender of the message found the…
2Cited by2 opinions
- Western Union Telegraph Co. v. BlakeSupreme Court of Arkansas · 1914
- Western Union Telegraph Co. v. ClarkSupreme Court of Arkansas · 1933