Western Union Telegraph Co. v. Ford
Supreme Court of Arkansas
Appeal from Miller Circuit Court; James S. STEEL, on exchange of circuits; STATEMENT BY THE COURT. This is an action to recover damages for delay in the delivery of a telegram. The plaintiff resided at Texarkana, Arkansas, and had a sister at Carthage, Mo.
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Appeal from Miller Circuit Court; James S. STEEL, on exchange of circuits; STATEMENT BY THE COURT. This is an action to recover damages for delay in the delivery of a telegram. The plaintiff resided at Texarkana, Arkansas, and had a sister at Carthage, Mo. Her sister died on January 1, 1904, at an early hour in the morning, and about 11:3o o’clock on that day Jennie Harding, a niece of plaintiff, delivered to defendant company for transmission the following telegram directed to plaintiff: “Joplin, Mo., January 1, 1904. “Mrs. Belle Ford, Texarkana, Ark.: “Your sister is dead. Can you come?…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Appellant assigns as error the refusal of the trial court to give the following instruction:
“You are instructed that the defendant is justified in observing the usual holidays; and if you find that the delay in delivering the message sued on was due in any degree to the observance by the defendant of January 1 as a holiday, to that extent you will hold the defendant free from blame.”
The rules of the company provide that on holidays the office hours shall be from 8 to 10 a. m. and from 4 to 6 p. m. Texarkana being the repeating station for messages…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Peay v. Western Union Telegraph Co.Supreme Court of Arkansas · 1898
- Gray v. Telegraph Co.Tennessee Supreme Court · 1901
- Harrison v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Russell v. StateSupreme Court of Arkansas · 1914
- Dodson Creek, Inc. v. Fred Walton Realty Co.Court of Appeals of Arkansas · 1981
- Western Coal & Mining Co. v. BuchananSupreme Court of Arkansas · 1907
- Western Union Telegraph Co. v. BurrisCourt of Appeals for the Eighth Circuit · 1910
14 more not listed; retrieve them via the Exa API.