Western Union Telegraph Co. v. Oastler
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The statute authorizing the recovery of damages for mental anguish contemplates only suffering in mind over real ills, sorrows and griefs of life and such suffering as would reasonably flow from the failure to deliver the message. 83 Ark. 476. There was nothing in the message to put the company on notice that a failure to deliver it would cause the damages of which appellee complains. 53 Ark. 434; 78 Ark. 545; 79 Ark.…
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The statute authorizing the recovery of damages for mental anguish contemplates only suffering in mind over real ills, sorrows and griefs of life and such suffering as would reasonably flow from the failure to deliver the message. 83 Ark. 476. There was nothing in the message to put the company on notice that a failure to deliver it would cause the damages of which appellee complains. 53 Ark. 434; 78 Ark. 545; 79 Ark. 33. The statute giving a right of recovery for mental anguish is limited to social and personal affairs, and does not…
1Opinion of the CourtBattle, J.
The complaint is as follows: The plaintiff, Mrs. Pearl Oastler, states: “That the defendant, the Western Union Telegraph Company, is a foreign corporation, and is engaged in business in Clark County, Arkansas, where it maintains offices and agents, and on July 24, 1908, did a telegraph business in the States of Texas and Arkansas, and had offices at San Antonio, Texas, and Prescott, Arkansas, for transmission for hire of messages between said points. That plaintiff lives with her husband, B. R. Oastler, at Arkadelphia, Arkansas, and on said date was visiting relatives at Prescott, Arkansas,…
2Cases cited3 opinions
- Western Union Telegraph Co. v. HanleySupreme Court of Arkansas · 1908
- Western Union Telegraph Co. v. HollingsworthSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
3Cited by5 opinions
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Telegraph Co. v. TaylorSupreme Court of Florida · 1927
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
- Western Union Telagraph Co. v. McKenzieSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. MangCourt of Appeals of Texas · 1936