Western Union Telegraph Co. v. Evans
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District ; Eugene Lankford, Judge; STATEMENT BY THE COURT. This is an action for damages for mental anguish alleged to have been suffered by appellee on account of the negligence of appellant company in failing to deliver a telegram, advising him of the death of his mother, in time for him to attend the funeral.
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Appeal from Prairie Circuit Court, Southern District ; Eugene Lankford, Judge; STATEMENT BY THE COURT. This is an action for damages for mental anguish alleged to have been suffered by appellee on account of the negligence of appellant company in failing to deliver a telegram, advising him of the death of his mother, in time for him to attend the funeral. His mother, whose death was not unexpected, died in a sanitarium in Kansas City, and, on August 19, 1912, his brother sent him the following telegram: “Kansas City, Missouri, August 19, 1912. “ Grover Evans, 1012 Gaines St., Hot Springs,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the court erred in not directing a verdict in its favor and that the damages recovered are excessive.
The telegraph company was under no obligation to do anything further, after it sent the message, in accordance with its contract, to its agent at Hot Springs and discovered that there was no such person as the addressee living there and would have incurred no liability if it had stopped its efforts and failed to deliver the telegram, but, having undertaken to deliver it to the addressee at Little Bock, upon the direction of his…
2Cases cited2 opinions
- Western Union Telegraph Co. v. TrissalIndiana Supreme Court · 1884
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924
- Western Union Telegraph Co. v. ClarkSupreme Court of Arkansas · 1933