Western Union Telegraph Co. v. Blake
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; II. W. Wells, Judge; STATEMENT BY THE COURT. Ben Blake instituted this action against the Western Union Telegraph Company to recover damages for mental anguish alleged to have been suffered by him on account of the negligent delay in delivering a telegram to bim.
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Appeal from Bradley Circuit Court; II. W. Wells, Judge; STATEMENT BY THE COURT. Ben Blake instituted this action against the Western Union Telegraph Company to recover damages for mental anguish alleged to have been suffered by him on account of the negligent delay in delivering a telegram to bim. On the 16th day of September, 1913, Ruben Upshaw, the father of the wife of the plaintiff, died at his residence about thirteen miles in the country from Doniphan, Mo., and his family sent to the plaintiff the following message: “Doniphan, Mo., September 16, 1913. “Ben Blake, Warren, Ark.: “Father…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for defendant that the latter had no notice that it was contemplated that the funeral would be postponed. The testimony shows that if the message had been delivered on the afternoon on which it was sent the plaintiff and his family could not have left Warren until 2 o ’clock a. m. the next morning, and could not have arrived at Doniphan until between 9 and 10 o’clock on the morning of the 18th inst.; that the funeral was had at 4 o’clock on the evening of the 17th inst. Therefore, they contend that the plaintiff and his…
2Cases cited4 opinions
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1907
- Harrison v. Telegraph Co.Supreme Court of North Carolina · 1906
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1910
- Western Union Telegraph Co. v. RhineSupreme Court of Arkansas · 1909
3Cited by1 opinion
- Western Union Telegraph Co. v. McMillanCourt of Appeals of Texas · 1915