Western Union Telegraph Co. v. Woodard
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Plaintiff being the addressee, no contractual relations existed between him and the appellant.
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Plaintiff being the addressee, no contractual relations existed between him and the appellant. His right to recover is therefore based on tort, and none is shown. 2. If the burden was upon appellant to show where the negligence occurred, then it was abuse of discretion to deny its application for a continuance. 21 Ark. 460; 60 Ark. 564. 3. It was error to allow the witness Woodard to testify as to conversations had with the sending operator after the message had been sent. They were hearsay and inadmissible. 57 Ark. 287; 49 Ark.…
1Opinion of the CourtHiee, C. J.
R. S. Woodard brought suit against the Western Union Telegraph Company for negligence in the transmission and delivery of a telegram from his father notifying him of the death of his sister, alleging that the failure to transmit and deliver the telegram to him prevented him from attending the funeral of his sister, thereby occasioning him mental distress. He recovered judgment, and the telegraph company has appealed.
The message was sent from Fayetteville, Tennessee, to Stuttgart, Arkansas. There was evidence that it was received by the operator at Fayetteville, Tennessee, and by him forwarded…
2Cases cited12 opinions
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
- Telegraph Co. v. MellonTennessee Supreme Court · 1896
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Gray v. Telegraph Co.Tennessee Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bekken v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1940
- Western Union Telegraph Co. v. HanleySupreme Court of Arkansas · 1908
- Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. ParsleyCourt of Appeals of Texas · 1909
- Western Union Telegraph Co. v. TiceCourt of Appeals of Texas · 1912
1 more not listed; retrieve them via the Exa API.