Western Union Telegraph Co. v. Furlow
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George B. Haynie, Judge; 1. A verdict should have been directed for the defendant. The rules of the company provided that the office at Thornton should close at 6 P. M. The reasonableness of this rule was ,a question for the court. 73 Ark. 205. It was a reasonable rule. 108 Ark. 92. It was not the duty of the company to notify plaintiff of the rule. Hendricks, plaintiff’s agent knew of the regulation.
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Appeal from Lafayette Circuit Court; George B. Haynie, Judge; 1. A verdict should have been directed for the defendant. The rules of the company provided that the office at Thornton should close at 6 P. M. The reasonableness of this rule was ,a question for the court. 73 Ark. 205. It was a reasonable rule. 108 Ark. 92. It was not the duty of the company to notify plaintiff of the rule. Hendricks, plaintiff’s agent knew of the regulation. That was notice to plaintiff. 102 Ark. 607; 24 ¡S. W. 86; 48 So. 712 ; 66 'Mo. App. 8. 2. No negligence was proven. Due diligence was shown. 3. There was…
1Opinion of the CourtSmith, J.
Appellee recovered judgment for the sum' of $600 to compensate the mental suffering sustained by her as the result of appellant’s alleged negligent failure to promptly deliver a telegram, sent by her to her father. The proof is to the effect that she was visiting her uncle, who was appellant’s manager at Lewisville, Arkansas, and on the 20th day of June, 1914, she determined to go to Thornton, Arkansas, where her parents resided. At about 5:25 P. M. she met her uncle at a restaurant in Lewisville, and asked him to wire her father, a Mr. Young, that she and her baby would reach Thornton that…
2Cases cited2 opinions
- Western Union Telegraph Co. v. AlfordSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
3Cited by2 opinions
- People v. FrankCalifornia Court of Appeal · 1925
- Tri-State Transit Co. of La., Inc. v. WestbrookSupreme Court of Arkansas · 1944