Western Union Telegraph Co. v. Lewis
Supreme Court of Arkansas
Appeal from Washington Circuit Court; I. S. Maples, Judge; STATEMENT BY THE COURT. The plaintiff, Lula Lewis, resides in the city of Fayetteville, Arkansas, and brought this suit in the circuit court of Washington County against the defendant, Western Union Telegraph Company, to recover damages for the alleged negligent failure to deliver a telegram sent to her from Abbott, Arkansas, informing her of the serious illness of her brother.
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Appeal from Washington Circuit Court; I. S. Maples, Judge; STATEMENT BY THE COURT. The plaintiff, Lula Lewis, resides in the city of Fayetteville, Arkansas, and brought this suit in the circuit court of Washington County against the defendant, Western Union Telegraph Company, to recover damages for the alleged negligent failure to deliver a telegram sent to her from Abbott, Arkansas, informing her of the serious illness of her brother. The telegram reads as follows: “Abbott, Ark., March 7, 1907. “Lula Lewis, Fayetteville, Ark. “Jesse real sick. We want you to come. “Clyde Lewis.” The…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Two assignments of error are urged for a reversal.
1. It is insisted that the court erred in refusing to instruct the jury that there was no evidence of negligence at Abbott. There was no prejudice in this. At the conclusion of the testimony of the appellee, ail evidence tending to show any negligence on the part of the company at Abbott was withdrawn from the consideration of the jury. The instructions of the court show that the case was submitted to the jury solely upon the charge of negligence at Fayetteville. The minds of the jury were directed clearly…
2Cases cited1 opinion
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924