Western Union Telegraph Co. v. Hearn
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jeff T. Cowling, Judge; 1. The message which is the foundation of the action, contains the stipulation that the company will not be liable for damages or statutory penalties where the claim is) not presented within sixty days after the filing of the message for transmission.
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Appeal from Pike Circuit Court; Jeff T. Cowling, Judge; 1. The message which is the foundation of the action, contains the stipulation that the company will not be liable for damages or statutory penalties where the claim is) not presented within sixty days after the filing of the message for transmission. This stipulation is a reasonable one, and is a condition precedent to appellant’s right of recovery; yet performance of the condition by appellant was not pleaded nor proved. 54 Ark. 221-223; 80 Ark. 554-558; 94 Ark. 336-338; 109 N. C. 527; 79 Tex. 65; 4 Enc. PI. & Pr. 633-662; 84 Tex. 313.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Jennie Hearn, instituted this action against the Western Union Telegraph Company to recover damages on account of alleged negligent failure of appellant to deliver a telegram, apprising plaintiff of the death of her father. She alleges and attempts to prove that, if the telegram had been delivered with reasonable promptness, she could, and would, have reached the place where her father died in time to attend the funeral, and that she suffered mental anguish by reason of being deprived of that privilege.
The plaintiff lived at Eoseboro, Arkansas, a point on the railroad…
2Cases cited6 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- White v. MoffettSupreme Court of Arkansas · 1913
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
- Arkansas & Louisiana Railway Co. v. LeeSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Western Union Telegraph Co. v. AlfordSupreme Court of Arkansas · 1913
- Leedy v. Western Union Telegraph Co.Tennessee Supreme Court · 1914
- Ford Motor Co. v. TrittSupreme Court of Arkansas · 1968
1 more not listed; retrieve them via the Exa API.