Western Union Telegraph Co. v. Chilton
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; W. J. Lamb, Special Judge; STATEMENT BY' THE COURT. This is a suit by appellee to recover of appellant damages for mental anguish alleged to have been caused appellee through the negligence of appellant' in failing to deliver a telegraph message informing appellee of the death of his child at Campbell, Missouri.
Read the full summary
Appeal from Mississippi Circuit Court; W. J. Lamb, Special Judge; STATEMENT BY' THE COURT. This is a suit by appellee to recover of appellant damages for mental anguish alleged to have been caused appellee through the negligence of appellant' in failing to deliver a telegraph message informing appellee of the death of his child at Campbell, Missouri. Appellee alleged that the message was delivered to the agent of appellant at Campbell, Missouri, and the charges paid for transmission to appellee, who was at that time at Chickasawba, Arkansas; that if the message had been delivered to him he…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellant contends that there can be no recovery on the contract in this case because the contract was made in Missouri, and in that State damages for mental anguish are not allowed; citing Connell v. Western Union Tel. Co., 116 Mo. 34. Appellant further contends that there can be no recovery for negligence in failing to deliver the telegram because it is not shown that the negligence occurred in this State. Citing Western Union Tel. Co. v. Crenshaw, 93 Ark. 415. ■ These contentions can not be sustained. While it is true that the cause of action under the…
2Cases cited3 opinions
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
- Western Union Telegraph Co. v. CrenshawSupreme Court of Arkansas · 1910
3Cited by1 opinion
- Western Union Telegraph Co. v. HearnSupreme Court of Arkansas · 1913