Legal Opinion

Lavelle v. Western Union Telegraph Co.

Supreme Court of Arkansas

Decided March 11, 1912PublishedCited by 3 opinions

Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; STATEMENT BY THE COURT. This was a suit for damages for mental anguish alleged to have been occasioned by the failure to deliver the following telegram: “Ulie McGuan, Osceola: John Lavelle’s wife wants you to come at once; dangerously ill. (Signed)- “John Lavelle.”

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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; STATEMENT BY THE COURT. This was a suit for damages for mental anguish alleged to have been occasioned by the failure to deliver the following telegram: “Ulie McGuan, Osceola: John Lavelle’s wife wants you to come at once; dangerously ill. (Signed)- “John Lavelle.” The testimony shows that on July 26, 1910, appellant was sick with congestion at her home in Tyronzo, and her physicians thought and advised her that she would not get well. She directed that Ulie McGuan, her youngest brother, for whom she had great…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is insisted that appellant was not bound by the printed condition upon the back of the message, requiring that the claim for damages should be presented within sixty days from its transmission, since she had no knowledge of, and did not consent to, it. It is no longer questioned that damages for mental anguish may be recovered by the one suffering it, either the person to whom the message was addressed or by whom it was caused to be sent. 3 Sutherland, Damages, § 975.

John Lavelle, the husband, was appellant’s agent, with authority to send or have the…

2Cases cited4 opinions

  1. Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
  2. Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
  3. Western Union Telegraph Co. v. PrevattSupreme Court of Alabama · 1907
  4. Western Union Telegraph Co. v. DoughertySupreme Court of Arkansas · 1891

3Cited by3 opinions

  1. McCloud v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
  2. Keeting v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
  3. Western Union Tel. Co. v. SlifeSupreme Court of Oklahoma · 1926

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