Western Union Telegraph Co. v. Blackmer
Supreme Court of Arkansas
Appeal from Washington Circuit Court; /. S. Maples, Judge; There being -no proof of notice to the company of the real ■relation of the parties, there can be no recovery. 30 S. W. 896; Id. 298; 34 S. W. 649; 39 Id. 198; 54 Id. 830; Id. 829. The verdict is excessive unless the appellant had been guilty of gross negligence.
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Appeal from Washington Circuit Court; /. S. Maples, Judge; There being -no proof of notice to the company of the real ■relation of the parties, there can be no recovery. 30 S. W. 896; Id. 298; 34 S. W. 649; 39 Id. 198; 54 Id. 830; Id. 829. The verdict is excessive unless the appellant had been guilty of gross negligence. It is true that where a person is, by failure of the telegraph company to deliver a message, prevented from attending the ^funeral of some relative not of blood relation, he can not recover for injury caused thereby unless he proves that at the time the message was delivered…
1Opinion of the CourtBaTTeE, J.
This was an action brought by Docia W. Blackmer against the Western Union Telegraph Company to recover damages on account of pain and mental anguish sustained by reason of the negligence of the defendant in failing to deliver a telegram to her, notifying her of the serious illness of her mother, in consequence of which the plaintiff failed to reach the bedside of her mother before she died. Plaintiff recovered judgment for $1,000, and the defendant appealed.
'The only grounds upon which appellant seeks a reversal are:
(1.) “That the message did not disclose the relationship between the appellee…
2Cases cited6 opinions
- Western Union Telegraph Co. v. KirkpatrickTexas Supreme Court · 1890
- Telegraph Co. v. FrithTennessee Supreme Court · 1900
- Western Union Telegraph Co. v. SeedSupreme Court of Alabama · 1896
- Western Union Telegraph Co. v. JamesCourt of Appeals of Texas · 1903
- Western Union Telegraph Co. v. RussellCourt of Appeals of Texas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Pursley v. PriceSupreme Court of Arkansas · 1984
- Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
- Western Union Teregraph Co. v. GulledgeSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.