Western Union Telegraph Co. v. McMullin
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. The burden of proof was on appellee to show that she could have been reached by proper effort. 91 N. E. 867; 84 N. Y. 54; 130 S. W. 616; 130 S. W. 212; 7 So. 419; 41 So. 405; 65 App. Div. 149. It Was appellant’s primary duty to deliver the telegram to James Clark, in whose care it was addressed. 13 S. W. 985. 2. The court’s instruction as to the degree of care required of appellant (instruction 2) was erroneous.
Read the full summary
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; 1. The burden of proof was on appellee to show that she could have been reached by proper effort. 91 N. E. 867; 84 N. Y. 54; 130 S. W. 616; 130 S. W. 212; 7 So. 419; 41 So. 405; 65 App. Div. 149. It Was appellant’s primary duty to deliver the telegram to James Clark, in whose care it was addressed. 13 S. W. 985. 2. The court’s instruction as to the degree of care required of appellant (instruction 2) was erroneous. There is no testimony to show that appellant made any agreement in regard to this message other than that imposed by…
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal to reverse a judgment rendered against it in favor of appellee for damages for the alleged negligence of 'appellant in delivering a death message. The message is as follows:
“To Mollie McMullin,
“Care James Clark, Heber.
“Horse ran away, killed Roy Russell’s baby; injured his wife.
“Bathie Pulliam.”
And was delivered to appellant at Moro, Ark., for transmission at 5:30 o’clock p. m. on August 27, 1910.
James Clark and Mollie McMullin, the appellee, were brother and sister, and had been in Heber for about one week when the message was sent. They were there for the…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. RainesSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. SockwellSupreme Court of Arkansas · 1909
3Cited by3 opinions
- Howard v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
- Ayer-Lord Tie Company v. PuckettSupreme Court of Arkansas · 1925
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924