Western Union Telegraph Co. v. Littlefield
Supreme Court of Arkansas
Appeal from Cross Circuit Court, First Division; J. F. Gautney, Judge; STATEMENT BY THE COURT. This is a suit to recover damages for mental anguish alleged to have been suffered by appellee on account of the alleged negligent failure of appellant to promptly deliver to her the following telegram: “To Mrs. Annie Littlefield, Wynne, Ark. ‘ ‘ Papa no better; come in a. m. “Tom Jones.” Appellee resided at Wynne, Arkansas, and her father, J. Jones, resided at Palestine, Arkansas.
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Appeal from Cross Circuit Court, First Division; J. F. Gautney, Judge; STATEMENT BY THE COURT. This is a suit to recover damages for mental anguish alleged to have been suffered by appellee on account of the alleged negligent failure of appellant to promptly deliver to her the following telegram: “To Mrs. Annie Littlefield, Wynne, Ark. ‘ ‘ Papa no better; come in a. m. “Tom Jones.” Appellee resided at Wynne, Arkansas, and her father, J. Jones, resided at Palestine, Arkansas. Her father being very sick, on the 13th of February, 1912, her brother, Edwin J ones, at 6 o ’clock on that day,…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The case does not differ in essential particulars from the case of Western Union Telegraph Co. v. Turley, et al., 108 Ark. 92, 156 S. W. 836. The uncontroverted evidence shows that the message was not delivered to appellant at Palestine in time to have been transmitted to Wynne before 6 o’clock p. m. It was received by appellant at Palestine not before 5:50 o ’clock—at about 6 o ’clock p. m.—and it would have taken about twenty mintues for its transmission. Appellant was not negligent in receiving the message, knowing that it could not be transmitted in…
2Cases cited1 opinion
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913
3Cited by1 opinion
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924