Western Union Telegraph Co. v. Crow
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. On February 17, 1912, J. W. Crow was at Texarkana, Arkansas. His residence was at Marshall, Missouri, where his wife and children were. His father lived at Ashley, Illinois, and died on that date. A message was sent from Ashley, Illinois, to J. W. Crow at Texarkana, which reached there about 6:00 p. m. of the 17th, and read:' “Father died at 3:30” (Signed) Joe.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. On February 17, 1912, J. W. Crow was at Texarkana, Arkansas. His residence was at Marshall, Missouri, where his wife and children were. His father lived at Ashley, Illinois, and died on that date. A message was sent from Ashley, Illinois, to J. W. Crow at Texarkana, which reached there about 6:00 p. m. of the 17th, and read:' “Father died at 3:30” (Signed) Joe. A message was also sent from Ashley, Illinois, to J. W Crow at Marshall, Missouri, containing the same information. At 8:55 P. M. of the 17th Mrs. Crow…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted by counsel for appellant that the court erred in refusing to give instruction numbered 3 requested by them, which is as follows:
“If you find from the evidence that plaintiff, J. W. Crow, arrived at Union Station, St. Louis, Missouri, at about 11 o’clock, P. M., on the night of February 18, 1912, and immediately learned that his wife had not come in response to his message, and you further find that he could thereafter, by the use of ordinary care and diligence, have communicated with his wife at Marshall, Missouri, by telegraph or telephone…
2Cases cited1 opinion
- Western Union Telegraph Co. v. GarlingtonSupreme Court of Arkansas · 1912
3Cited by1 opinion
- Cook, Commissioner of Revenues v. AyersSupreme Court of Arkansas · 1948