Western Union Telegraph Co. v. See
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The court should have instructed the.jury to find for defendant.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The court should have instructed the.jury to find for defendant. The evidence showed that the only negligence of appellant occurred in either Kansas of Missouri. 39 Kans. 93; 116 Mo. 34. 2. The court erred in refusing appellant’s third instruction, submitting the contributory negligence of appellee’s agent in failing to give sufficient address. 3 So. 566; 76 S. W. 613; 60 S. W. 687; 62 S. W. 136; 82 Ark. 127; 116 S. W. 895. ■ 3. The court erred in refusing to instruct the jury that Whelan was the agent of appellee in writing the…
1Opinion of the CourtHart, J.
Mrs. M. A. See instituted this action in the Crawford Circuit Court against the Western Union Telegraph Company to recover damages for a failure on the part of the latter to deliver to her a telegram announcihg the death of her sister •at Columbus, Kansas, whereby she was prevented from attending her funeral. The facts are as follows:
J. P. Galleher testified that on the 10th day of April, 1909, between 2 and 3 o’clock in the afternoon, he applied to'the agent of the Western Union Telegraph Company at Scammon, Kansas, to send a message in the name of Mrs. Joe Francis to Mrs. M. A. See, at Fort…
2Cases cited5 opinions
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- West v. Western Union Telegraph Co.Supreme Court of Kansas · 1888
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. GriffinSupreme Court of Arkansas · 1909
- Western Union Telegraph Co. v. CrenshawSupreme Court of Arkansas · 1910
3Cited by1 opinion
- Western Union Telegraph Co. v. TurleySupreme Court of Arkansas · 1913