Arkansas & Louisiana Railway Co. v. Stroude
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steer, Judge; STATEMENT BY THE COURT. This is an action against appellant to recover for mental pain and anguish suffered by reason of the alleged negligent failure of the defendant to deliver a telegraphic message.
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Appeal from Howard Circuit Court; James S. Steer, Judge; STATEMENT BY THE COURT. This is an action against appellant to recover for mental pain and anguish suffered by reason of the alleged negligent failure of the defendant to deliver a telegraphic message. The complaint alleged that the defendant was a domestic corporation, and owned and operated for hire a telegraph line along the line of its railroad from Hope, Ark., to Nas’hville, Ark., and connected with the telegraph line of the Western Union Telegraph Company at Hope; that on September 30, 1903, one J. D. Carter, a relative of…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Appellant contends that there should have been no recovery by appellee for the reason that he failed to give-notice in writing of his- claim for damages, as required by the contract. The following stipulationús-printed upon the blank used in sending the message, viz.: “The company will not be liable for damages in any case wheréthe claim is not presented in writing within sixty days after sending the message.” The blank upon which the message was originally written, when delivered to the Western Union Telegraph Company for transmission, contained a…
2Cases cited9 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Railway v. HallSupreme Court of Arkansas · 1890
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Bloom v. Home Insurance AgencySupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. DysartSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. ReevesSupreme Court of Oklahoma · 1912
- Linxwiler v. El Dorado Sports Center, Inc.Supreme Court of Arkansas · 1961
19 more not listed; retrieve them via the Exa API.