Legal Opinion

Western Union Telegraph Co. v. Alford

Supreme Court of Arkansas

Decided December 8, 1913PublishedCited by 6 opinions

Appeal from Howard Circuit Court; Jeff T. Cotvling, Judge; 1. An instruction requiring the appellant to have turned over the message to the Memphis, Dallas & Q-ulf Railway Company instead of calling up the telephone exchange for transmission of the message to the addressee, was harsh and unreasonable. A telegraph company may make rules and regulations for the handling of messages. 96 Ark. 213-217; 91 Ark. 602-604; 18 Md. 341-358; 46 W. Va. 48; 8 Tex. Civ.

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Appeal from Howard Circuit Court; Jeff T. Cotvling, Judge; 1. An instruction requiring the appellant to have turned over the message to the Memphis, Dallas & Q-ulf Railway Company instead of calling up the telephone exchange for transmission of the message to the addressee, was harsh and unreasonable. A telegraph company may make rules and regulations for the handling of messages. 96 Ark. 213-217; 91 Ark. 602-604; 18 Md. 341-358; 46 W. Va. 48; 8 Tex. Civ. App. 176. Their reasonableness is a question for the court. 73 Ark. 205-209; 77 Ark. 531-534; 89 Ark. 483-486. All parties to a message are…

1Opinion of the CourtMcCulloch, C. J.

This is an action to recover damages for mental anguish growing.out of the alleged negligence of appellant in failing to deliver a telegram. The complaint alleged that appellant was a foreign corporation and operated a line of telegraph from Vivian, Louisiana, to Ashdown, Arkansas, and at the latter place connected with a line of telegraph owned by the Memphis, Dallas & Gulf Railway Company from Ashdown to Mineral Springs, Arkansas; that at 7 a. m., September 30, 1912, appellee’s brother, T. C. Clark, delivered to the appellant at Vivian, Louisiana, a telegram addressed to appellee at Mineral…

2Cases cited3 opinions

  1. Southern Telephone Co. v. KingSupreme Court of Arkansas · 1912
  2. Western Union Telegraph Co. v. TurnerTexas Supreme Court · 1901
  3. Western Union Telegraph Co. v. HearnSupreme Court of Arkansas · 1913

3Cited by6 opinions

  1. Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
  2. Smith v. StateSupreme Court of Arkansas · 1967
  3. Western Union Telegraph Co. v. SmithCourt of Appeals of Kentucky · 1915
  4. Leedy v. Western Union Telegraph Co.Tennessee Supreme Court · 1914
  5. Western Union Telegraph Co. v. FurlowSupreme Court of Arkansas · 1917

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