Legal Opinion

Western Union Telegraph Co. v. Archie

Supreme Court of Arkansas

Decided October 18, 1909PublishedCited by 8 opinions

Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. C. L. Archie and Maggie Archie brought suit against the Western Union Telegraph Company to recover damages for mental anguish on account of the alleged negligence of the defendant company in failing to transmit and deliver a telegram from C. L,. Archie to his brother, requesting him to meet Maggie Archie, the wife of C. L,. Archie, at the station at Corinth, Miss., on a certain day.

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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. C. L. Archie and Maggie Archie brought suit against the Western Union Telegraph Company to recover damages for mental anguish on account of the alleged negligence of the defendant company in failing to transmit and deliver a telegram from C. L,. Archie to his brother, requesting him to meet Maggie Archie, the wife of C. L,. Archie, at the station at Corinth, Miss., on a certain day. C. L. and Maggie Archie lived in Bowie County, Texas. Maggie Archie was in ill health, and under the care of a physician. He…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Counsel for appellant insist that, under the particular facts and circumstances of this case, appellees are not entitled to recover damages for mental anguish. We do not think that there could have been any real mental suffering in this case. The facts are essentially different from those in the case of Western Union Tel. Co. v. Hanley, 85 Ark. 263, where a recovery was allowed. In that case Mrs. Hanley arrived at Mayfield, Kentucky, at one o’clock at night, and on account of the failure to deliver her message she was compelled to remain at the station for…

2Cases cited3 opinions

  1. McAllen v. Western Union Telegraph Co.Texas Supreme Court · 1888
  2. Western Union Telegraph Co. v. HanleySupreme Court of Arkansas · 1908
  3. Morrison v. Western Union Telegraph Co.Court of Appeals of Texas · 1900

3Cited by8 opinions

  1. Peugh v. OligerSupreme Court of Arkansas · 1961
  2. Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
  3. Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
  4. Western Union Telagraph Co. v. McKenzieSupreme Court of Arkansas · 1910
  5. Mackay Telegraph & Cable Co. v. VaughanSupreme Court of Arkansas · 1914

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