Western Union Telegraph Co. v. Sharp
Supreme Court of Arkansas
Appeal from Bradley Circuit ¡Court; Turner Butler, Judge; 1. The Arkansas mental .anguish statute is void as to interstate messages. 114 Ark. 193, 174 S. W. 232; 115 Ark. 564; 174 S. W. 552. Where, in the transmission of ia message from one point in this State to another point in this State, it becomes necessary, owing to the manner in which the lines of the telegraph company are laid, to send the message through a relay. station in another State, such message is interstate…
Read the full summary
Appeal from Bradley Circuit ¡Court; Turner Butler, Judge; 1. The Arkansas mental .anguish statute is void as to interstate messages. 114 Ark. 193, 174 S. W. 232; 115 Ark. 564; 174 S. W. 552. Where, in the transmission of ia message from one point in this State to another point in this State, it becomes necessary, owing to the manner in which the lines of the telegraph company are laid, to send the message through a relay. station in another State, such message is interstate commerce, is an interstate message, and the mental anguish statute does not applv. 122 U. S. 347; 187 U. S. 617; 167 S.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted against the Western Union Telegraph Company to recover damages alleged to have been sustained by the plaintiff by reason of mental anguish caused by negligent delay in delivery of a telegram. The plaintiff lived at Warren, Arkansas, and her father, Mr. Dave .Shafstall, lived at Yandervoort, Arkansas. Mr. Shafstall died on the afternoon of December 29, 1913, and his wife (plaintiff’s step-mother), delivered to the defendant company at Yandervoort a telegram addressed to plaintiff at Warren, Arkansas, informing her of the death of her father. The testimony is…
2Cases cited8 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Wilmington Transportation Co. v. Railroad Commission of CaliforniaSupreme Court of the United States · 1915
- Western Union Telegraph Co. v. BilisolySupreme Court of Virginia · 1914
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Western Union Telegraph Co. v. HawkinsSupreme Court of Alabama · 1916