Western Union Telegraph Co. v. Crain
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; There can he no recovery in this case because the message was interstate, and because appellee’s own negligence would preclude a recovery, even if the Arkansas mental anguish statute were not void as to interstate messages. Western Union Tel. Go. v. Brown, U. S. Sup. Ct., June 22,1914; 171 S. W. (Ark.) 859; 54 S. W. (Ky.) 825; 10-2 Ark. 246.
1Opinion of the CourtHart, J.
Clever Crain instituted this action against the Western Union Telegraph Company to recover damages -for mental anguish alleged to have been sustained by reason of the negligence of the defendant in failing to deliver a telegram from him to his sister, requesting that •she notify him of his mother’s condition. The jury returned a verdict for the plaintiff, and -the defendant has appealed. The facts are as follows:
On the 28th day of June, 1912, the plaintiff, Clever Crain, was working at the Kentucky Club in Hot Springs, Arkansas, and between 7 and 8 o ’clock p. m. on that day he received the…
2Cases cited2 opinions
- Western Union Telegraph Co. v. JohnsonSupreme Court of Arkansas · 1914
- Western Union Telegraph Co. v. IvySupreme Court of Arkansas · 1912
3Cited by1 opinion
- Des Arc Oil Mill v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918