Clark v. Western Union Telegraph Co.

This is an action to recover for damages alleged to have been sustained by the plaintiff because of the failure of the defendant to promptly and properly deliver a telegram sent by the plaintiff from Rolling Fork, Mississippi, on December 12, 1925, to L. W. Salway, at Newport, Arkansas. The amount of damages claimed is $500. The message sent, omitting date and signature, is as follows: “Get down here and not later than Tuesday night O. K.”

After trial in a justice court, the case was appealed to the circuit court, where a trial was had before the court -and a jury. There was a verdict and…