Smith v. Western Union Telegraph Co.
Texas Supreme Court
On the 8th day of May, 1888, W. H. Smith brought suit against the Western Union Telegraph Company to recover damages for alleged negligence in failing to deliver to him a telegram announcing the dangerous illness of his father.
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On the 8th day of May, 1888, W. H. Smith brought suit against the Western Union Telegraph Company to recover damages for alleged negligence in failing to deliver to him a telegram announcing the dangerous illness of his father. He alleges the telegram was sent on March 2,1888, by his brother, in his behalf and for his benefit; that it was not delivered till March 5, 1888; and that on account of failure to deliver the same he was prevented from being present during the last hours of his father’s life, and by reason of its delay he did not reach his father’s home till after his death. He asks…
1Opinion of the Court
MARR, Judge,
Section A. — The court directed the jury upon the trial below to return a verdict for the defendant, upon the ground, as we are informed by the briefs of counsel, that plaintiff had failed to prove any contract for the transmission of his message with the Western Union Telegraph Company, against which he had brought his suit. In other words, the court held, that if the plaintiff had under the con tract any right of action, that it was against the Central Texas & Northwestern Railway Company alone, for the reason, as we presume, that the latter company had agreed, in the opinion of…
2Cases cited6 opinions
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- International & Great Northern Railway Co. v. TisdaleTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. BairdCourt of Appeals of Texas · 1889
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. WilbanksCourt of Appeals of Texas · 1894
- Southwestern Telegraph & Telephone Co. v. TaylorCourt of Appeals of Texas · 1901
- Western Union Telegraph Co. v. CarterCourt of Appeals of Texas · 1913
- Southwestern Telegraph & Telephone Co. v. JarrellCourt of Appeals of Texas · 1911
2 more not listed; retrieve them via the Exa API.