Western Union Telegraph Co. v. Garlington
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. The appellee lived at Altoona, Ala., and had a son, Dr. H. S. Garlington, who lived at Marked Tree, Ark., and another son, Dr. Joe Garlington, who lived at Crawfordsville, Ark. For some time prior to his death Dr. Joe Garlington had been afflicted with consumption, and in December, 1910, realizing that he could not live long, had returned to Altoona, his old home, to spend his last days.
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Appeal from Poinsett Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. The appellee lived at Altoona, Ala., and had a son, Dr. H. S. Garlington, who lived at Marked Tree, Ark., and another son, Dr. Joe Garlington, who lived at Crawfordsville, Ark. For some time prior to his death Dr. Joe Garlington had been afflicted with consumption, and in December, 1910, realizing that he could not live long, had returned to Altoona, his old home, to spend his last days. He died January 12, 1911, and on that morning the plaintiff dispatched a message to her son, Dr. H. S. Garlington, at Marked…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. In the case of Western Union Telegraph Co. v. Griffin, 92 Ark. 219, the wife of Griffin was the daughter of A. A. Gordon, who lived at Banner, Miss. Griffin lived at Conway, Arkansas. Griffin’s wife died, and he sent to her father (his father-in-law) at Banner, Miss., the following telegram: “ Genie died very suddenly at 1 P. M. today. Come at once. Answer, my expense.”
The telegram was not delivered. Gordon, for that reason, did not attend the funeral, and Griffin sued the Telegraph Company, alleging that on account of the failure to deliver the message…
2Cases cited9 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. StratemeierIndiana Court of Appeals · 1892
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. ArchieSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Farm Mutual Automobile Insurance v. Village of IsleSupreme Court of Minnesota · 1963
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Tel. Co. v. SlifeSupreme Court of Oklahoma · 1926
- Western Union Telegraph Co. v. EvansSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. CrowSupreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.