Peay v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court. William H. Cate, Judge. ■STATEMENT BY THE COURT. This action was commenced to recover damages by the appellant against the appellee for a failure to deliver promptly the following telegram, sent to appellant, at Paragould, Ark., to-wit: “Central City, Ky., 6-23-1894. To James Peay, City: Sallie, Dot, Saline Smith, and Jim Maddox killed in accident at McHenry to-day. Madge Smith seriously injured. “[Signed] Ed Batsill.”
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Appeal from Greene Circuit Court. William H. Cate, Judge. ■STATEMENT BY THE COURT. This action was commenced to recover damages by the appellant against the appellee for a failure to deliver promptly the following telegram, sent to appellant, at Paragould, Ark., to-wit: “Central City, Ky., 6-23-1894. To James Peay, City: Sallie, Dot, Saline Smith, and Jim Maddox killed in accident at McHenry to-day. Madge Smith seriously injured. “[Signed] Ed Batsill.” The complaint stated that the telegram was received at Paragould, Arkansas, where plaintiff resided, at 9.15 o’clock p. m., and that it was…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Pretermitting discussion of other questions in this case, we proceed to consider the main and more important question involved. In considering this question, the labor of the court has been minimized in the investigation of cases by the full and excellent briefs of counsel on both sides of the question.
The question we propose to consider is, whether or not injury to the feelings,—anguish and pain of mind,—unattended by physical injury, occasioned by the breach of duty on the part of the telegraph company, in failing to deliver the telegram promptly, can…
2Cases cited17 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bylsma v. Burger King Corp.Washington Supreme Court · 2013
- Corcoran v. Postal Telegraph-Cable Co.Washington Supreme Court · 1914
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
- Southern Telephone Co. v. KingSupreme Court of Arkansas · 1912
21 more not listed; retrieve them via the Exa API.