Legal Opinion

Western Union Telegraph Co. v. Caldwell

Court of Appeals of Kentucky

Decided June 5, 1907PublishedCited by 8 opinions

CASE 7. — ACTION BY ALICE CALDWELL AGAINST THE WESTERN UNION TELEGRAPH CO. FOR FAILURE TO DELIVER TELEGRAM. Appeal from Fulton Circuit Court. B. J. Bugg, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES CITED. 1. Where 'the plaintiff could not have attended a funeral, even if the telegram announcing the death had been promptly delivered, there can be no recovery, Howard v. W. U. Tel. Co., 27 Ky.

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CASE 7. — ACTION BY ALICE CALDWELL AGAINST THE WESTERN UNION TELEGRAPH CO. FOR FAILURE TO DELIVER TELEGRAM. Appeal from Fulton Circuit Court. B. J. Bugg, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES CITED. 1. Where 'the plaintiff could not have attended a funeral, even if the telegram announcing the death had been promptly delivered, there can be no recovery, Howard v. W. U. Tel. Co., 27 Ky. Law Rep., 244. 2. Defendant can not be held liable on the theory that plaintiff would have telegraphed to request a postponement of the funeral; Taliaferro v. W. U.…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

This appeal is prosecuted from a judgment of the Fulton circuit court, entered upon a verdict in favor of appellee, who recovered damages for mental anguish suffered on account of being prevented' from attending the funeral of her brother, due to the failure of appellant to deliver a telegram sent her announcing his death. The deceased died at Newark, Arkansas,, and appellee lived in Hickman, Kentucky. The telegram in question was promptly sent by the operator at Newark, and in due course of transmission should have been delivered to appellee…

2Cases cited5 opinions

  1. Reese v. Western Union Telegraph Co.Indiana Supreme Court · 1890
  2. Chapman v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1890
  3. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
  4. Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
  5. McPeek v. Western Union Telegraph Co.Supreme Court of Iowa · 1899

3Cited by8 opinions

  1. Nitka v. Western Union Telegraph Co.Wisconsin Supreme Court · 1912
  2. Western Union Telegraph Co. v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1935
  3. Western Union Telegraph Co. v. BickerstaffSupreme Court of Arkansas · 1911
  4. Western Union Telegraph Co. v. JohnstonTexas Commission of Appeals · 1919
  5. Johnston v. Western Union Telegraph Co.Court of Appeals of Texas · 1914

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