Western Union Telegraph Co. v. Scanlon
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Garter Judge; 1. A continuance should have been granted on the showing made. The court abused its discretion in re- x fusing. 67 Ark. 142; 85 Id. 334; 94 Id. 350. 2. Hearsay evidence is admissible when not objected to. 3. Request No. 6 should have been given.
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Appeal from Hempstead Circuit Court; Jacob M. Garter Judge; 1. A continuance should have been granted on the showing made. The court abused its discretion in re- x fusing. 67 Ark. 142; 85 Id. 334; 94 Id. 350. 2. Hearsay evidence is admissible when not objected to. 3. Request No. 6 should have been given. Doctor Thompson knew it was Sunday and that the Hope office was closed. 4. Instruction No. 1 for plaintiff was a mere dissertation on the weight of the evidence and prejudicial. 56 Ark. 242; 68 Id. 336; 82 Id. 540; 103 Id. 538. 5. The verdict is excessive. W. U. Tel. Go. v. Blake, 133 Ark.…
1Opinion of the CourtHart, J.
M. V. Scanlon instituted this action against the Western Union Telegraph Company to recover damages on account of the negligent delay of the company in transmitting and delivering to her the following telegram: “Mrs. M. Y. Scanlon, Hope, Ark.: Mrs. Sheppard died at 7 p. m. (Signed) Doctor Thompson.” The message was written by Doctor Thompson on Sunday evening, June 29,1913. Mrs. Sheppard died at Stephens, Arkansas, and Doctor Thompson testified that he delivered the message to Mr. Griffin, agent of the company, at Stephens, at 8 o’clock or 8:30 o’clock p. m. of that day; he testified that…
2Cases cited2 opinions
- Western Union Telegraph Co. v. HarrisSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. DukeSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Swink & Co. v. Carroll McEntee & McGinley, Inc.Supreme Court of Arkansas · 1979