Western Union Telegraph Co. v. Hollingsworth
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Z. T. Wood, Judge; STATEMENT BY THE COURT. Appellee E. A. Hollingsworth was a minister, and lived at Camden, and his brother, Hugh, at Bearden. These towns are close together, but are not directly connected by railroad. A hack line ran between them. Mr. E. A. Hollingsworth was an older man than Hugh Hollingsworth, and had partially raised him, and was tenderly attached to him. Hugh Hollingsworth was a man of delicate health.
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Appeal from Bradley Circuit Court; Z. T. Wood, Judge; STATEMENT BY THE COURT. Appellee E. A. Hollingsworth was a minister, and lived at Camden, and his brother, Hugh, at Bearden. These towns are close together, but are not directly connected by railroad. A hack line ran between them. Mr. E. A. Hollingsworth was an older man than Hugh Hollingsworth, and had partially raised him, and was tenderly attached to him. Hugh Hollingsworth was a man of delicate health. On Sunday the 5th, E. A. Hollingsworth received a letter stating that Hugh was sick with pneumonia, and the letter had in it this…
1Opinion of the Court
Hile, C. J.,
(after stating the facts.) The principal question in this case is whether there can be a recovery under the méntal anguish statute, section 7947 of Kirby’s Digest, for the negligent failure to deliver a telegram relieving mental anguish or suffering.
As is well, known, the mental anguish doctrine originated in Texas, and this court refused to follow it; and subsequently the Legislature enacted the • statute in question, making mental anguish or suffering an element of damages in actions for negligence in receiving, transmitting, or delivering messages. Naturally, the court will go…
2Cases cited5 opinions
- Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
- Francis v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
- Sparkman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Western Union Telegraph Co. v. CavinCourt of Appeals of Texas · 1902
- Western Union Telegraph Co. v. ReidCourt of Appeals of Kentucky · 1905
3Cited by9 opinions
- Western Union Telegraph Co. v. ChouteauSupreme Court of Oklahoma · 1911
- Western Union Telegraph Co. v. WoodardSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. OastlerSupreme Court of Arkansas · 1909
- Middleton v. Western U. Tel. Co.Supreme Court of Alabama · 1913
- Western Union Telagraph Co. v. McKenzieSupreme Court of Arkansas · 1910
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