Legal Opinion

Western Union Telegraph Co. v. Griffin

Supreme Court of Arkansas

Decided November 8, 1909PublishedCited by 7 opinions

Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; 1. Appellant is not chargeable with negligence. The message was not received at Water Valley until seven minutes after four in the afternoon. Sunday office hours were from eight to ten a. m. and from four to six p. m.

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Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; 1. Appellant is not chargeable with negligence. The message was not received at Water Valley until seven minutes after four in the afternoon. Sunday office hours were from eight to ten a. m. and from four to six p. m. The operator’s testimony that she used diligence to find .a special messenger is uncontradicted and stands as proved. 75 Ark. 406. 2. The proof shows that after the message" was mailed, which was the next quickest means of delivering it, Gordon would not have received it until Tuesday morning. Deceased was buried…

1Opinion of the CourtBattle, J.

On Sunday, March 24, 1907, Mrs. Genie Griffin, wife of Ben E. Griffin, died, and the following telegram was delivered to the Western Union Telegraph Company at Conway, Arkansas, on that day, -about one o’clock, p. m. to be sent to A. A. Gordon, -at Banner, Mississippi:

“A. A. -Gordon, Banner, Miss., via Water Valley, Miss.
“Genie died very suddenly at one p. m. today. Come at once. Answer, my expense.
“Ben L- Griffin.”

The funeral of Mrs. Griffin took place at Conway, on the 25th of March, 1907, at about five o’clock p. m. A. A. Gordon was not present, the telegram not having been delivered to…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
  2. Western Union Telegraph Co. v. WoodardSupreme Court of Arkansas · 1907

3Cited by7 opinions

  1. Western Union Telegraph Co. v. ComptonSupreme Court of Arkansas · 1914
  2. Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
  3. Western Union Telegraph Co. v. CrenshawSupreme Court of Arkansas · 1910
  4. Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
  5. Western Union Telegraph Co. v. TomsSupreme Court of Arkansas · 1911

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