Western Union Telegraph Co. v. Franklin
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This action was brought to recover the penalty provided by section 7946 of Kirby’s Digest for the wilful refusal of a telegraph company to send a message, the message tendered for transmission by the appellee being as follows: ‘ ‘ C. M. Andrews, McGehee, Ark. “Please advise why you can not get a civil answer out of your agent here. If you ask him anything he has to curse you out.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This action was brought to recover the penalty provided by section 7946 of Kirby’s Digest for the wilful refusal of a telegraph company to send a message, the message tendered for transmission by the appellee being as follows: ‘ ‘ C. M. Andrews, McGehee, Ark. “Please advise why you can not get a civil answer out of your agent here. If you ask him anything he has to curse you out. (Signed) “Maral Franklin.” It appears from the evidence that the appellee was the postmaster at Tamo and became involved in a…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended for reversal that the telegram was not a proper message to transmit, and that the company had a right to refuse to send it. The law allows a telegraph company to refuse to send a message that is obscene, slanderous, blasphemous, profane, indecent, or the like, but this message was not of that character and was entitled to be transmitted. Even if the purpose of the sender was to report the conduct of the agent to his superior it did not affect bis right to recover the penalty prescribed by the statute for the wilful refusal to send the…
2Cases cited2 opinions
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
- Railway Co. v. TrimbleSupreme Court of Arkansas · 1891
3Cited by2 opinions
- Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954
- Hanson Motor Co. v. YoungSupreme Court of Arkansas · 1954