Fulkerson v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT. BY THE COURT. This is an action by S. W. Fulkerson against the Western Union Telegraph Company for damages for the failure on the part of the defendant to deliver to plaintiff the following telegraphic message: “January 25, 1912. Mr. S. W. Fulkerson, Benton-■ville, Arkansas. Offer you Tennessee territory twenty direct five mail effective first. Wire quick answer. International Stock Food Company.”
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Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT. BY THE COURT. This is an action by S. W. Fulkerson against the Western Union Telegraph Company for damages for the failure on the part of the defendant to deliver to plaintiff the following telegraphic message: “January 25, 1912. Mr. S. W. Fulkerson, Benton-■ville, Arkansas. Offer you Tennessee territory twenty direct five mail effective first. Wire quick answer. International Stock Food Company.” The plaintiff resided near the defendant’s telegraph office in Bentonville; but, on account of the negligence of the defendant, the…
1Opinion of the Court
Hast, J.,
(after stating the facts). In the case of Merrill v. Western Union Telegraph Company, 78 Me. 97, the facts were that the plaintiff’s agent completed a verbal contract that the plaintiff should labor for a manufacturer at $2.25 per day and sent a telegraph message to plaintiff, notifying him of that fact. The message was not delivered by the telegraph company in time for plaintiff to begin work, as stipulated, and he thereby lost his employment. The telegraph company denied liability beyond nominal damages. The court sustained the position of the-telegraph company, and said:
“The…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MatthewsSupreme Court of Arkansas · 1897
- Haney v. CaldwellSupreme Court of Arkansas · 1879
- Merrill v. Western Union Telegraph Co.Supreme Judicial Court of Maine · 1886
- Dilley v. ThomasSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. AskewSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Western Union Telegraph Co. v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1935
- Ashley, Drew & Northern Railway Co. v. CunninghamSupreme Court of Arkansas · 1917
- Western Union Telegraph Co. v. CaldwellSupreme Court of Arkansas · 1918
- Western Union Telegraph Co. v. DownsSupreme Court of Arkansas · 1929
2 more not listed; retrieve them via the Exa API.