Western Union Telegraph Co. v. Griffin
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; 1. Appellant is not chargeable with negligence. The message was not received at Water Valley until seven minutes after four in the afternoon. Sunday office hours were from eight to ten a. m. and from four to six p. m.
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Appeal from Faulkner Circuit Court; Bugene Lankford, Judge; 1. Appellant is not chargeable with negligence. The message was not received at Water Valley until seven minutes after four in the afternoon. Sunday office hours were from eight to ten a. m. and from four to six p. m. The operator’s testimony that she used diligence to find .a special messenger is uncontradicted and stands as proved. 75 Ark. 406. 2. The proof shows that after the message" was mailed, which was the next quickest means of delivering it, Gordon would not have received it until Tuesday morning. Deceased was buried…
1Opinion
on rehearing.
McCulloch, C. J.
It is insisted that the conclusion reached in the present case is in conflict with the decision in Western-Union Tel. Co. v. Ford, 77 Ark. 531. In that case a telegram was sent from Missouri, where damages on account of mental anguish are not recoverable, into Arkansas, and the negligence occurred here. Suit was brought by the addressee, and we held that damages for mental anguish could ;be recovered, although not recoverable in the State whence the message came. The opinion in that case contains inaccurate language, which is in conflict with other decisions of…
2Cases cited6 opinions
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. HogueSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. RainesSupreme Court of Arkansas · 1906
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