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    1. [KYBARREN] CURD VS CUMBERLAND TELEPHONE CO
    2. Sandi Gorin
    3. I've just stumbled across something interesting - maybe someone can solve a mystery. In the book "The American and English Annotated Cases, Containing the important cases selected from the current American, Canadian and English Reports, Edited by William M. McKinney, Davis S. Garland and H. Noyes Green, Volume XVI, Edward Thompson Company, Northport, L. I. N. Y, 1910 is found the following on page 1244: In Curd v. Cumberland Telephone, etc. Co. (KY), 119 S. W. 746, it appeared that the plaintiff's little sister died at her house in Louisville and that the plaintiff, being without means to buy a coffin or transport the remains to the child's home in Barren county, telephoned her father in Barren county, telling him of her sister's death and asking him to send her money to buy a coffin and pay the transportation expenses of the remains. The plaintiff's father entered into a contract with the defendant's agent to transmit by wire to the plaintiff the necessary funds, but by some mistake the money was delayed in transit, and as a consequence the shipment of the corpse was delayed for one day. The court held that the plaintiff could not recover damages for her mental suffering on account of the delay in delivering the money to her in Louisville, for the reason that the telephone company had no contract with the plaintiff, and that the contract between the plaintiff's father and the telephone company was not made for her benefit, she being merely her father's agent in Louisville to carry out his instructions as to the burial of the child. But see Cumberland Telephone, etc. Co. vs Quigley, 129 Ky. 788, 112 S. W. 897, wherein the father of the plaintiff in Curd v. Cumberland Telephone, etc., CO., supra, was held to be entitled to recover damages from the telephone co. Now ... In quickly scanning the cemetery records, I find no female Curd dying in this time-frame. None of the cases were dated; the last heading, many pages back was in May of 1909, and of course the book was published in 1910. No first name is given to Mr. Curd, or to the sister of the child who died. The death would have occurred before KY issued death certificates. Hatcher & Saddler Funeral Home was operating at this time and did Curd burials, but no female black or white during this time frame. Who was she? Sandi Sandi's Puzzlers: http://www.gensoup.org/gorinpuzzles/index.php Sandi's site: http://ggpublishing.tripod.com/

    07/24/2011 09:54:42