Western Union Telegraph Co. v. Moxley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. The plaintiff, J. S. Moxley, resides in the dity of Little Rock, Arkansas, and brought this suit in the circuit court of Pulaski County against the .defendant, Western Union Telegraph Company, to recover damages for alleged negligent failure to deliver a telegram sent to him from Cairo, 111., acquainting him of the condition of his wife’s father, who was seriously ill at Cairo.
Read the full summary
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. The plaintiff, J. S. Moxley, resides in the dity of Little Rock, Arkansas, and brought this suit in the circuit court of Pulaski County against the .defendant, Western Union Telegraph Company, to recover damages for alleged negligent failure to deliver a telegram sent to him from Cairo, 111., acquainting him of the condition of his wife’s father, who was seriously ill at Cairo. The message was in the following words. “Cairo, 111., June 13, 1903. “J. S. Moxley, Little Rock, Ark. “Mr. Robertson’s condition…
1Opinion
ON REHEARING.
Opinion delivered November 19, 1906.
Riddick, J.
A majority of us have concluded that the motion to rehear in this case should be sustained. As stated in the former opinion, the telegram in this case was sent on the following condition:
“The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission.”
The court in the former opinion salid that this was a valid stipulation, binding on both the sender of the telegram and the person to whom it was…
2Cases cited4 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- Manier & Co. v. Western Union Telegraph Co.Tennessee Supreme Court · 1895
- Western Union Telegraph Co. v. MurrayCourt of Appeals of Texas · 1902