The Law of Torts; a Concise Treatise On Civil Liability At Common Law And Under Modern Statutes for Actionable Wrongs to Person And Property
The Law of Torts; a Concise Treatise On Civil Liability At Common Law And Under Modern Statutes for Actionable Wrongs to Person And Property
Francis M Francis Marion Burdick
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R. 864 (1888) ; Stuart v. W. U. T. Co., 66 Tex. 580, 18 S. W. 351, 59 Am. R. 623 (1886). This doctrine has received legisla- tive sanction in some states. See Marsh v. W. U. T. Co., 65 S. C. 430, 43 S. E. 953 (1903), applying the statute of 1901, Sess. L. p. 693. ■* In W. U. T. Co. v. Ayers, 131 Al. 391, 31 So. 78, 90 Am. St. R. 92 (1901), a message calling an uncle to the death bed of a nephew was not notice that damages would en- sue; while in W. U. T. Co. v. Croc- ker, 135 Al. 492, 33 So. 45..., 59 L. R. A. 398 (1902), a message to a grand- mother was notice. Cf. Robinson v. W. U. T. Co., , Ky. , 68 S. W. 656, 57 L. R. A. 611 (1902), mes- sage related to sending money; men- tal anguish not recoverable. "•W. U. T. Co. v. Ferguson, 157 Ind. 64, 60 N. E. 674, 64 L. R. A. 846 (1901). W W. U. T. Co. v. Lawson, 66 Ks. 660, 72 Pac. 283 (1903) ; Butler v. W. U. T. Co., 62 S. C. 223, 40 S. B. 162 (1901) ; and see W. U. T. Co. r. Seed, 115 Al. 670, 22 So. 474 (1896). Digitized by Google 104 The Law of Torts.
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