Western Union Telegraph Co. v. Weniski
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; 1. A stranger to a telegram cannot recover for special damages suffered because the telegram was not promptly delivered, in the absence of notice to the defendant that sudi stranger had an interest in the telegram, and notice of the facts that would give rise to the special damages. 26 S. W. 783; 9 Tex. App. 607; 27 S. W. 51; 29 S. W. 406; 13 S. W. 70; 20 S. W. 945; 57 Fed. 471 ;'io7 ICy. 518; 51 Mo.
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Appeal from Pulaski Circuit Court; Edward, W. Winfield, Judge; 1. A stranger to a telegram cannot recover for special damages suffered because the telegram was not promptly delivered, in the absence of notice to the defendant that sudi stranger had an interest in the telegram, and notice of the facts that would give rise to the special damages. 26 S. W. 783; 9 Tex. App. 607; 27 S. W. 51; 29 S. W. 406; 13 S. W. 70; 20 S. W. 945; 57 Fed. 471 ;'io7 ICy. 518; 51 Mo. App. 375. 2. Under the circumstances of this case, appellee’s own negligence is sufficient to bar recovery. 140 Fed. 315; 80 Tex.…
1Opinion of the Court
McCulloch, J.,
This is an action to recover damages alleged to have been caused by the negligent failure of defendant’s employees to promptly deliver a telegram from her father in Toledo, Ohio, addressed to her sister in Little Rock, Arkansas, which was intended to inform plaintiff of the place of burial of her brother, so that she could attend. She alleged in her complaint that, by reason of being thus prevented from attending the funeral of her brother, she suffered mental anguish to her damage in the sum of two thousand dollars.
The jury awarded her the sum of $1,354, and the defendant…
2Cases cited6 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Western Union Telegraph Co. v. KirkpatrickTexas Supreme Court · 1890
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Erie Telegraph & Telephone Co. v. GrimesTexas Supreme Court · 1891
- Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. HallCourt of Appeals for the Fourth Circuit · 1923
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
- Foreman v. Western Union Telegraph Co.Supreme Court of Iowa · 1908
6 more not listed; retrieve them via the Exa API.