Arkansas & Louisiana Railway Co. v. Lee
Supreme Court of Arkansas
Appeal from Howard Circuh Court; James S. Steel, Judge; STATEMENT BY TI-lE COURT. On Sunday, January 17, 1904, the following message to J ohn W. Lee was delivered to an agent of the Arkansas & Louisiana Railway Company, hereinafter referred to as the railway company, reading as follows: “Pa died last night. Wire me what time you can reach here. “W. D. LEE." The railway company does a telegraph business for hire.
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Appeal from Howard Circuh Court; James S. Steel, Judge; STATEMENT BY TI-lE COURT. On Sunday, January 17, 1904, the following message to J ohn W. Lee was delivered to an agent of the Arkansas & Louisiana Railway Company, hereinafter referred to as the railway company, reading as follows: “Pa died last night. Wire me what time you can reach here. “W. D. LEE." The railway company does a telegraph business for hire. It has a line of railroad and telegraph from Nashville to I-Iope, and at Hope the operator is common to the railroad company and the Western Union Telegraph Company, to which company…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) 1. It is argued that the “mental anguish” statute does not reach to this case; that there was a contract to deliver the message in Louisiana; that a failure to promptly deliver in Louisiana was the cause of action, and this statute was not in force there, and hence from a failure to obey it without the State no cause of action arose. The facts do not support the argument.
The statute in question predicates the action on “negligence in receiving, transmitting or delivering messages.” Kirby’s Digest, § 7947. If this action was based on negligence in the…
2Cases cited1 opinion
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Armour Company v. RoseSupreme Court of Arkansas · 1931
- Western Union Telegraph Co. v. HearnSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. WoodardSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. ParsleyCourt of Appeals of Texas · 1909