Western Union Telegraph Co. v. Harris
Supreme Court of Arkansas
Appeal from Perry Circuit Court; B. W. Winñeld, Judge; 1. There can be no recovery in this case unless 73 Ark. 205 is overruled. 77 Ark. 533. The rule is well established that a telegraph company has the right to establish reasonable office hours for its offices, and that delay in the transmission of a message, caused by the fact that a terminal or intermediate office is closed, is not an unreasonable delay, nor does it render the company liable for damages.
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Appeal from Perry Circuit Court; B. W. Winñeld, Judge; 1. There can be no recovery in this case unless 73 Ark. 205 is overruled. 77 Ark. 533. The rule is well established that a telegraph company has the right to establish reasonable office hours for its offices, and that delay in the transmission of a message, caused by the fact that a terminal or intermediate office is closed, is not an unreasonable delay, nor does it render the company liable for damages. Cr os well on Electricity, § § 421, 422; 103 Inch 505; 54 S. W. 963; 107 Ky. 600; 47 Atl. 881; 22 R. 1. 344; 62 S. W.-I36; 31 Id. 211;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by G. B. Harris against the Western Union Telegraph Company to recover damages for alleged negligent failure to transmit and deliver a telegraphic message. The plaintiff recovered judgment below, and the defendant appealed. There is practically no dispute as to the facts of the case, which are as follows:
In July, 1907, Harris resided at -the village or town of Perry, in Perry County, Arkansas, and his wife went to Little Rock on a visit to one of her relatives, named Mrs. Pounders. While in Little Rock, she became critically ill, and at 8:3o p. m. Mrs. Pounders…
2Cases cited5 opinions
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Swan v. Western Union Telegraph Co.Court of Appeals for the Seventh Circuit · 1904
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- Pacific Postal Telegraph Cable Co. v. FleischnerCourt of Appeals for the Ninth Circuit · 1895
- Western Union Telegraph Co. v. GillisSupreme Court of Arkansas · 1909
3Cited by7 opinions
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
- Western Union Telegraph Co. v. CrenshawSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. CowardinSupreme Court of Arkansas · 1914
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1914
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
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