Western Union Telegraph Co. v. Toms
Supreme Court of Arkansas
Appealed from Crawford Circuit Court; Jeptha H. Evans, Judge; reversed as to Sanders; 1. Appellee, Mary Sanders, is not entitled to recover for mental anguish; the failure of her brother to be present with her immediately before and during the funeral to extend comfort and sympathy was not one of those sorrows and griefs over the real ills of life that constitute mental anguish for which recovery may be had. 9 S. W. 598; 73 S. W. 1043; 5§ S. W. 204; 41 S. W. 469; 99 S. W.…
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Appealed from Crawford Circuit Court; Jeptha H. Evans, Judge; reversed as to Sanders; 1. Appellee, Mary Sanders, is not entitled to recover for mental anguish; the failure of her brother to be present with her immediately before and during the funeral to extend comfort and sympathy was not one of those sorrows and griefs over the real ills of life that constitute mental anguish for which recovery may be had. 9 S. W. 598; 73 S. W. 1043; 5§ S. W. 204; 41 S. W. 469; 99 S. W. 704; j.00 S. W. 974, 976; 85 S. W. 1171; 32 N. E. 871; 10 La. Ann. 33; 83 Ark. 476; 82 Ark. 128; 90 Ark. 268; 92 Ark. 59;…
1Opinion of the CourtMcCueeocii, C. J.
The plaintiff, Charles Toms, and his sister, Mary Sanders, instituted this action in the circuit court of Crawford County ag-ainst the Western Union Telegraph Company, to recover damages sustained by reason of alleged negligence in nondelivery of a telegram sent from one to the other. The cases were consolidated and tried together, and the trial resuited in 'a verdict and judgment in favor of each of the plaintiffs for the sum of $500 damages.
Toms resided on a farm a few miles from Clarendon, Monroe County, Arkansas, and Mary Sanders resided in the city of Fort Smith. Another sister, Lou…
2Cases cited4 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. RainesSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. ShofnerSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
- Western Union Tel. Co. v. SlifeSupreme Court of Oklahoma · 1926