Western Union Telegraph Co. v. Shenep
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Fiance N. Hutton, Judge; statement by the court. Shenep, a policeman in Helena, sent this telegram to his daughter-in-law, Mrs. Mattie Shenep, at Bigbee, Miss.: “I will be there tonight. Be ready to come back on next train. James Shenep.” He paid for the transmission of the telegram to Amory, and also for transmission from Amory to Bigbee, which was to be by telephone.
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Appeal from Phillips Circuit Court; Fiance N. Hutton, Judge; statement by the court. Shenep, a policeman in Helena, sent this telegram to his daughter-in-law, Mrs. Mattie Shenep, at Bigbee, Miss.: “I will be there tonight. Be ready to come back on next train. James Shenep.” He paid for the transmission of the telegram to Amory, and also for transmission from Amory to Bigbee, which was to be by telephone. The appellant negligently failed to deliver the message until ten' o’clock the following, day. Shenep arrived at Bigbee in the night time, and, failing to find his daughter, became .alarmed,…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) The Supreme Court of South Carolina, in the case of Lewis v. Western Union Tel. Co., 35 S. E. 556, took the same position in regard to mental pain and anguish that this court took in Peay v. Western Union Tel. Co., 64 Ark. 538. Thereafter, the Legislature of South Carolina (as did the Legislature of Arkansas) passed a statute making mental anguish a recoverable element. The South Carolina statute is practically, the same as the Arkansas statute.
In Capers v. Western Union Tel. Co., 50 S. E. 537, the South Carolina court said: “When the statute was passed,…
2Cases cited10 opinions
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Lewis v. Western Union Telegraph Co.Supreme Court of South Carolina · 1900
- De Voegler v. Western Union Telegraph Co.Court of Appeals of Texas · 1895
- Ricketts v. Western Union Telegraph Co.Court of Appeals of Texas · 1895
- Town of Clinton v. LeakeSupreme Court of South Carolina · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Telegraph Co. v. HanleySupreme Court of Arkansas · 1908
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
- Western Union Telegraph Co. v. WoodardSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. OastlerSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.