King v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Prank Smith, Judge; The message as delivered to the sending operator for transmission to appellant read: “Father dead. Will be buried this evening unless we hear from you.” The words, “unless we hear from you,” were not in the message delivered to appellant.
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Appeal from Mississippi Circuit Court, Osceola District; Prank Smith, Judge; The message as delivered to the sending operator for transmission to appellant read: “Father dead. Will be buried this evening unless we hear from you.” The words, “unless we hear from you,” were not in the message delivered to appellant. The court held that plaintiff failed to make out her case because the message was not sent in time for her to take the train and reach Idalia that evening before her father was buried, and that she could not make out her case by showing that if the message had been promptly…
1Opinion of the CourtBatteE, J.
This action was commenced on the third day of September, 1907, by Dora King against the Western Union Telegraph Company to recover damages on account of the failure to deliver a message sent to her announcing the death of her father in time for her to view his remains before he was buried. At the conclusion of the evidence the court instructed the jury to return a verdict in favor of the defendant, which they did. Was there any evidence adduced upon which the jury could have returned a verdict in favor of the plaintiff?
Plaintiff was the wife of C. R. King, and resided about four miles from…
2Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1911
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924
- Western Union Telegraph Co. v. WestbrookSupreme Court of Arkansas · 1913