Western Union Telegraph Co. v. Moxley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. The plaintiff, J. S. Moxley, resides in the dity of Little Rock, Arkansas, and brought this suit in the circuit court of Pulaski County against the .defendant, Western Union Telegraph Company, to recover damages for alleged negligent failure to deliver a telegram sent to him from Cairo, 111., acquainting him of the condition of his wife’s father, who was seriously ill at Cairo.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. The plaintiff, J. S. Moxley, resides in the dity of Little Rock, Arkansas, and brought this suit in the circuit court of Pulaski County against the .defendant, Western Union Telegraph Company, to recover damages for alleged negligent failure to deliver a telegram sent to him from Cairo, 111., acquainting him of the condition of his wife’s father, who was seriously ill at Cairo. The message was in the following words. “Cairo, 111., June 13, 1903. “J. S. Moxley, Little Rock, Ark. “Mr. Robertson’s condition…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Appellant contends that appellee is barred from recovery by failing to comply with the condition requiring presentation of claim for damages within sixty days.
This stipulation has been held to be valid by this court in Western Union Telegraph Co. v. Dougherty, 54 Ark. 221, and is generally upheld as reasonable by ¡the courts of the country.
We have said in Western Union Tel. Co. v. Ford, 77 Ark. 531, and Arkansas & La. Ry. Co. v. Lee, 79 Ark. 448, that suits against telegraph companies in this State to recover for mental anguish caused by negligence…
2Cases cited10 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Western Union Telegraph Co. v. CoffinTexas Supreme Court · 1895
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
- Lyne v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1912
- Hafer v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Younker v. Western Union Telegraph Co.Supreme Court of Iowa · 1910
16 more not listed; retrieve them via the Exa API.