Western Union Telegraph Co. v. Webb
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Bugene Lankford, Judge; 1. Since the addressees were not at Pioneer, the appellant could not have delivered the 'message to them there, and it owed appellee no duty to search for them at Floyd or other places. 95 Tex. 420, .67 S. W. 768; 22 S. W. 532; 67 Kan. 729; 107 Ky. 663 ; 81 Mo.
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Appeal from Lonoke Circuit Court; Bugene Lankford, Judge; 1. Since the addressees were not at Pioneer, the appellant could not have delivered the 'message to them there, and it owed appellee no duty to search for them at Floyd or other places. 95 Tex. 420, .67 S. W. 768; 22 S. W. 532; 67 Kan. 729; 107 Ky. 663 ; 81 Mo. App. 223. 2. Addressing the telegram to his brothers at Pioneer without making, arrangements for sending the message from that place to Floyd, or notifying appellant of their home address, was such negligence as, to say the least of it, contributed to appellee’s alleged damage.…
1Opinion of the CourtHart, J.
The opinion in a former appeal of this case is reported in 94 Ark. 350 (Western Union Tel. Co. v. Webb). After the mandate of this court was filed in the-circuit court, the complaint was amended, and the case was again tried before a jury, which returned a verdict for $625 in favor of the plaintiff. Sydney B. We'bb. The defendant, Western Union Telegraph Company, by this appeal seeks to reverse the judgment rendered upon the verdict.
Reference is made to the opinion in the former appeal for a statement of the case. Additional facts will be stated or referred to in this opinion.
It is strongly…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Rosser v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- King v. Western Union Telegraph Co.Supreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1910
- Louisiana & Northwest Railroad v. ReevesSupreme Court of Arkansas · 1910
3Cited by2 opinions
- Nitka v. Western Union Telegraph Co.Wisconsin Supreme Court · 1912
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911