Western Union Telegraph Co. v. Bickerstaff
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. Due diligence was used, and the delay was not occasioned by any neglect. The claim that if appellant had notified appellee of the fact that the lines were not working the damage would have been averted is not borne out by the testimony.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. Due diligence was used, and the delay was not occasioned by any neglect. The claim that if appellant had notified appellee of the fact that the lines were not working the damage would have been averted is not borne out by the testimony. The result of using other means of communication is too remote and speculative. 91 S. W. 257; 54 Id. 825; 26 Id. 490; 27 Id. 52; 90 Ky. 265; 30 S. W. 880; 78 Me. 97; 79 Miss. 58; 94 Ga. 202; 39 Kans. 580; 18 Pac. 719; 30 Oh. St. 555; 27 Am. St. 485. The peremptory instruction should have been…
1Opinion of the CourtFrauenthal, J.
This was an action to recover damages for mental anguish which appellee alleged he sustained by reason of the negligence of appellant in the transmission of a telegram to him announcing the grave illness of his wife. The appellee resided at Watson, Arkansas, which is about 72 miles distant from the city of Helena, between which places there was railroad and telegraph connection. About one week prior to October 19, 1910, appellee took his wife to Helena for medical treatment and placed her in a hospital under the care of Dr. Rightor. He then left for his home, requesting the physician to…
2Cases cited10 opinions
- Western Union Telegraph Co. v. ScircleIndiana Supreme Court · 1885
- Western Union Telegraph Co. v. WeniskiSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. BlackmerSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. CaldwellCourt of Appeals of Kentucky · 1907
- Western Union Telegraph Co. v. HarrisSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- Western Union Telegraph Co. v. HearnSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. DukeSupreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. PopeSupreme Court of Arkansas · 1924
1 more not listed; retrieve them via the Exa API.