Western Union Telegraph Co. v. Shofner
Supreme Court of Arkansas
Appeal from Howard Circuit C°m't; James S■ Steel, Judge; 1. The action of plaintiff was in tort for the non-delivery of a telegram. There is no allegation of joint negligence in the complaint, and plaintiff seeks to recover against one defendant only, without stating which.
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Appeal from Howard Circuit C°m't; James S■ Steel, Judge; 1. The action of plaintiff was in tort for the non-delivery of a telegram. There is no allegation of joint negligence in the complaint, and plaintiff seeks to recover against one defendant only, without stating which. There was a misjoinder of parties defendant, and the motion to strike out the name of one defendant should have been sustained. 79 Ark. 453; 77 Ark. 535; 51 Ark. 260; Kirby’s Dig. § 6082; Bliss on Code PI. § 83. 2. There is no proof that plaintiff’s damage was caused by any negligence on the part of defendant, nor that she…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by Mrs. T. W. Shofner to recover damages resulting from alleged negligent failing of the telegraph company to properly transmit a telegram informing the plaintiff of the critical illness and impending death of her mother. Mental anguish is alleged to' have been endured by her on account of being denied the privilege of attending her mother’s funeral.
The plaintiff resided at Corinth, Arkansas, a village in Howard County, about seven miles from Nashville. Corinth is off the railroad, and has no telegraph or telephone connections; Nashville being the nearest point of…
2Cases cited1 opinion
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
3Cited by5 opinions
- Weigel v. McCloskeySupreme Court of Arkansas · 1914
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
- Western Union Tel. Co. v. SlifeSupreme Court of Oklahoma · 1926
- Western Union Telegraph Co. v. TomsSupreme Court of Arkansas · 1911
- Bagby v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1915