Western Union Telegraph Co. v. Bell

RICE, Associate Justice.

Appellee, plaintiff below, sued appellant for damages for the alleged failure to promptly transmit and deliver to H. A. Jernigan, her brother, the following telegram:

“Austin, Texas, August 23, 1903. “H. A. Jernigan, 1706 Live Oak Street,

Houston, Texas.

“Your mother is dying. Come at once. (Signed) Callie.”

Among other allegations in plaintiff’s petition it is averred that H. A. Jernigan was plaintiff’s brother and Mrs. C. M. Jernigan referred to in said telegram as “mother” was the mother of both plaintiff and H. A. Jernigan; that the said Mrs. C. M. Jernigan died on the…