W. U. Tel. Co. v. Edsall
Texas Supreme Court
Appeal from Cooke. Tried below before the Hon. C. C. Potter. Suit by appellee to recover of appellant §6,332.50 damages for an alleged error of appellants in transmitting a message, in this: That, on the 20th day of January, 1882, appellee purchased of one George West, in Cooke county, thirteen hundred head of sheep, and desiring help from his ranch in Throckmorton county to aid him in driving them to his said ranch, he delivered to appellant’s operator at Gainesville a…
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Appeal from Cooke. Tried below before the Hon. C. C. Potter. Suit by appellee to recover of appellant §6,332.50 damages for an alleged error of appellants in transmitting a message, in this: That, on the 20th day of January, 1882, appellee purchased of one George West, in Cooke county, thirteen hundred head of sheep, and desiring help from his ranch in Throckmorton county to aid him in driving them to his said ranch, he delivered to appellant’s operator at Gainesville a message in substance as follows: “Gainesville, 1-20, 1882. “To Joel Butler, Throohmorton, Texas (Mail Ft. Griffin, Texas):…
1Opinion of the Court
Watts, J. Com. App.
To enable a party to avail himself of an error in the charge of the court it is not necessary for him to except to it. The statute provides that the charge is to be filed “ and shall constitute a part of the record of the cause, and shall be regarded as excepted to, and subject to revision for errors therein, without the necessity of taking any bill of exceptions thereto.” R. S., art. 1318.
Appellant insists that the court erred in the charge to the jury, in assuming that if there had been an alteration in the message in its transmission and delivery as claimed, that then…
2Cases cited5 opinions
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Washington & New Orleans Telegraph Co. v. Hobson & SonSupreme Court of Virginia · 1859
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
3Cited by30 opinions
- Pittman v. Bloch Queensware Co.Court of Appeals of Texas · 1908
- Hill v. Western Union Telegraph Co.Supreme Court of Georgia · 1890
- Carland v. Western Union Telegraph Co.Michigan Supreme Court · 1898
- Western Union Telegraph Co. v. NorrisCourt of Appeals of Texas · 1901
- Western Union Telegraph Co. v. WilsonSupreme Court of Florida · 1893
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