Western Union Telegraph Co. v. Crenshaw
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge STATEMENT BY THE COURT. On July 30, 1907, about 4 o’clock a. m. of that day, the father of appellee delivered to appellant at Okmulgee, I. T., the following telegram: “Edith Crenshaw, Fayetteville, Ark. Walter very low. Come at once,” signed W. N. Crenshaw.
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Appeal from Washington Circuit Court; J. S. Maples, Judge STATEMENT BY THE COURT. On July 30, 1907, about 4 o’clock a. m. of that day, the father of appellee delivered to appellant at Okmulgee, I. T., the following telegram: “Edith Crenshaw, Fayetteville, Ark. Walter very low. Come at once,” signed W. N. Crenshaw. Appellee’s father, before delivering the message to the agent of appellant for transmission, asked him if appellee would have plenty of time to catch the train leaving Fayetteville at 8:40 that morning, provided she received the telegram on time, and the agent answered in the…
1Opinion of the Court
Wood, J.,
(after stating the facts). In some of its instructions the court bottomed appellee’s right to recover solely upon the existence of the contract with appellant to send the message and its failure to do so. The court in these instructions permitted appellee to recover, regardless of whether appellant had been negligent in “receiving, transmitting or delivering” the message. This was error. Under our statute there can be no recovery of damages for mental anguish unless there has been negligence in “receiving, transmitting or delivering messages.”
The purpose of our statute was to allow…
2Cases cited3 opinions
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. HarrisSupreme Court of Arkansas · 1909
3Cited by5 opinions
- Western Union Telegraph Co. v. BurrisCourt of Appeals for the Eighth Circuit · 1910
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. ChiltonSupreme Court of Arkansas · 1911
- Western Union Telegraph Co. v. SeeSupreme Court of Arkansas · 1910
- Wills v. Western Union Telegraph Co.Supreme Court of Arkansas · 1945