Western Union Telegraph Co. v. Duke
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; statement by the court. This was an action brought by Mrs. Mollie Duke against the Western Union Telegraph Company to recover damages on account of mental anguish sustained by reason of the negligence of the defendant in failing to deliver a telegram to her notifying her of the serious illness of her daughter, in consequence of which plaintiff failed to reach the bedside of her daughter before she died.
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Appeal from Hempstead Circuit Court; Jacob M. Garter, Judge; statement by the court. This was an action brought by Mrs. Mollie Duke against the Western Union Telegraph Company to recover damages on account of mental anguish sustained by reason of the negligence of the defendant in failing to deliver a telegram to her notifying her of the serious illness of her daughter, in consequence of which plaintiff failed to reach the bedside of her daughter before she died. The plaintiff resided at Hope, Arkansas, and her daughter at Camden, Arkansas. These towns are about sixty-five miles apart, and…
1Opinion of the Court
Hart, J.,
(after stating the facts). At the outset, it may be said that in the case of Western Union Telegraph Company v. Bickerstaff, 100 Ark. 1, the court held:
“A telegraph company does not insure the prompt transmission of messages; it is required to exercise ordinary care, and is liable only for a failure to transmit as promptly as is reasonably practicable under all the existing circumstances. ’ ’
It is earnestly insisted by counsel that the court should have given a peremptory instruction in favor of the defendant. It was admitted that the telegraph offices at both Camden and Hope were…
2Cases cited3 opinions
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- McClintock v. FrohlichSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
3Cited by5 opinions
- Black v. HogsettSupreme Court of Arkansas · 1920
- Lomax v. StateSupreme Court of Arkansas · 1924
- Holland v. StateSupreme Court of Arkansas · 1964
- Western Union Telegraph Co. v. ScanlonSupreme Court of Arkansas · 1914
- Jaggers v. GrahamSupreme Court of Arkansas · 1917