Tharpe v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; statement by the court. Appellant by this suit seeks to recover damages of appellee for mental anguish, under section 7947 of Kirby’s Digest, growing out of the alleged negligent failure of appellee to deliver a telegram. He also asked to be allowed to recover fifty cents, the amount charged by appellee for the transmission and delivery of the message. His complaint states a cause of action.
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Appeal from Drew Circuit Court; Henry W. Wells, Judge; statement by the court. Appellant by this suit seeks to recover damages of appellee for mental anguish, under section 7947 of Kirby’s Digest, growing out of the alleged negligent failure of appellee to deliver a telegram. He also asked to be allowed to recover fifty cents, the amount charged by appellee for the transmission and delivery of the message. His complaint states a cause of action. The appellee denied its material allegations. A trial was had by jury, and a judgment was rendered against appellant, and this appeal has been duly…
1Opinion of the Court
PER Curiam :
The transcript contains the following bill of exceptions :
“The parties appeared in person and by their .attorneys The plaintiff offered to prove negligence on the part of the defendant in the handling of the message in controversy; but, it appearing to the court on the part of the testimony of the plaintiff himself that he could not have reached Pulaski, Illinois, by the ordinary means of transportation in time to attend the funeral of his mother, without a postponement thereof, even though the message had been delivered as soon as possible after it was received in the town of…
2Cases cited4 opinions
- Johnson v. StateSupreme Court of Arkansas · 1905
- Curtis v. Des JardinsSupreme Court of Arkansas · 1891
- Snyder v. StateSupreme Court of Arkansas · 1908
- Inabinett v. Saint Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1905
3Cited by2 opinions
- Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. BaltzSupreme Court of Arkansas · 1927