Frauenthal v. Western U. Tel. Co.
Supreme Court of Arkansas
APPEAL from Faulhner Circuit Court. F. T. VaughaN, Judge. This suit is for the penalty prescribed by Aots 1885, p. •178. A failure to transmit under certain circumstances amounts to a refusal under the statute; a failure to deliver is a failure to transmit. 84 Ind. 176; 41 Arh. 79 ; Bowviev Law Die. p. 527. Refusal is a neglect after demand. 4 Cush. 178. See also 6 Cray 224; 9 Mete.
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APPEAL from Faulhner Circuit Court. F. T. VaughaN, Judge. This suit is for the penalty prescribed by Aots 1885, p. •178. A failure to transmit under certain circumstances amounts to a refusal under the statute; a failure to deliver is a failure to transmit. 84 Ind. 176; 41 Arh. 79 ; Bowviev Law Die. p. 527. Refusal is a neglect after demand. 4 Cush. 178. See also 6 Cray 224; 9 Mete. (Mass.') 432; 8 Cow. 88; 9 Wheat (U. 8.) 325. When a failure to perform an act happens through the negligence of the party and which could have been avoided, •a failuae under such circumstances amounts to a…
1Opinion of the CourtSmith, J.
The 10iA section of the Act of March 31,1885, declares that “every telegraph company and telephone, company doing business in this state must, under a penalty of five hundred dollars for each and every refusal so to do, transmit over its wires to localities on its lines for any individual or corporation or other telegraph or telephone company, such messages, dispatches or correspondence as may be tendered to it by, or to be transmitted to, any individual or corporation or other telegraph or telephone companies, at the price customarily asked and obtained for the transmission of similar…
2Cases cited1 opinion
- Western Union Telegraph Co. v. SteeleIndiana Supreme Court · 1886
3Cited by4 opinions
- Brooks v. Western Union Telegraph Co.Supreme Court of Arkansas · 1892
- State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1905
- Weaver v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1895
- State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1912