Western Union Telegraph Co. v. Wilson
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. Saturday, December 5, 1908, at about 5:20 p. m., R. U. Hopkins delivered to the agent of appellant at Longview, Texas, for transmission the following message: “To Mr. Sylvester Hufstedler, “Camden, Ark. “Henry died here today. Find out whether mother wants him brought to Malvern or not.” “Henry” was the brother of the sender of the message, and appellee was their mother.
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Appeal from Ouachita Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. Saturday, December 5, 1908, at about 5:20 p. m., R. U. Hopkins delivered to the agent of appellant at Longview, Texas, for transmission the following message: “To Mr. Sylvester Hufstedler, “Camden, Ark. “Henry died here today. Find out whether mother wants him brought to Malvern or not.” “Henry” was the brother of the sender of the message, and appellee was their mother. The message was received by the agent of appellant at Camden Saturday, December 5, 1908, at 5 ¡52 p. m. The message was given to the messenger…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. It was for the jury, under the evidence, to determine whether the agents of appellant, intrusted with the duty of 'delivering messages, exercised the diligence that a reasonably prudent person would, under like circumstances, have exercised in the performance of a similar duty.
We are not able to say as a matter of law, from the peculiar facts of this record, that the agent and messenger boy exercised such care to deliver the message as a reasonably prudent person would have exercised under similar circumstances. Camden is not a very populous city. The…
2Cases cited9 opinions
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- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Williams v. StateSupreme Court of Arkansas · 1899
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3Cited by1 opinion
- Van Veneer Co. v. JonesSupreme Court of Arkansas · 1917