Brooks v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Garland Circuit Court. The qpmplaint in this case is as follows : The plaintiff, J. B. Brooks, a resident of Garland county, State of Arkansas, complains of the defendant, a foreign corporation, doing business under thg laws of the State of Arkansas, and alleges— That, on the 13th day of August, 1890, at Hot Springs, county and State aforesaid, defendant failed and refused to deliver to the plaintiff the following message, received by defendant’s agents in Hot…
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Appeal from Garland Circuit Court. The qpmplaint in this case is as follows : The plaintiff, J. B. Brooks, a resident of Garland county, State of Arkansas, complains of the defendant, a foreign corporation, doing business under thg laws of the State of Arkansas, and alleges— That, on the 13th day of August, 1890, at Hot Springs, county and State aforesaid, defendant failed and refused to deliver to the plaintiff the following message, received by defendant’s agents in Hot Springs, to-wit: “Eden, Ill., Aug. 13, 1890. To J. B. Brooks, Hot Springs, Ark.: Father is dying. (Signed) T. C. Brooks.”…
1Opinion of the CourtCockriee, C. J.
The act of March 31, 1885, imposes a penalty upon a telegraph company for refusing to “ transmit over its wires to localities on its line ” any message tendered to the company for transmission. The controlling question in this case is, does this language impose a penalty for the company’s refusal to deliver a message to the addressee after it has been transmitted over its wires to the locality on its line to which it is addressed ?
The terms of the act are confined to a refusal to “transmit over the wires.” The language is not to transmit and deliver the message, as in the Indiana act referred…
2Cases cited2 opinions
- Frauenthal v. Western U. Tel. Co.Supreme Court of Arkansas · 1887
- Little Rock & Fort Smith Telegraph Co. v. DavisSupreme Court of Arkansas · 1883
3Cited by4 opinions
- Hall v. Norfolk & W. R.West Virginia Supreme Court · 1897
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
- State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1905
- State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1912