Western Union Telegraph Co. v. Carter
Texas Supreme Court
Error to Court of Civil Appeals, Third District, in a case on appeal from Williamson County. Tried below before Hon. W. M. Key. The opinion gives a statement. “ Jerry Lordan.'' In this case the message is: “F. S. Faust.” Ferdinand’s father was C. S. Kirkpatrick’s wife’s father. N. B. Gorsuch was W. S. Carter’s wife’s father. In both cases the company had no notice except terms of the message.
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Error to Court of Civil Appeals, Third District, in a case on appeal from Williamson County. Tried below before Hon. W. M. Key. The opinion gives a statement. “ Jerry Lordan.'' In this case the message is: “F. S. Faust.” Ferdinand’s father was C. S. Kirkpatrick’s wife’s father. N. B. Gorsuch was W. S. Carter’s wife’s father. In both cases the company had no notice except terms of the message. Both Kirkpatrick and Carter sued for damages caused by mental anguish of their respective wives on account of failure of one to get to her dying parent and the other to get to her deceased parent. This…
1Opinion of the Court
BROWN, Associate Justice.
This case was tried before the judge without a jury, and findings of fact filed, which were adopted by the Court of Civil Appeals, and, so far as applicable to the questions involved here, are: That the telegraph company had offices and operators at Taylor and Smithville, about fifty miles apart. W. S. Carter lived at Taylor; his wife M. E. Carter was the daughter of N. B. Gorsuch, who died near Smithville on the 4th day of September, 1889. About 6 o’clock of that day F. S. Faust delivered to the operator at Smithville the following message:
''To W. S. Carter, Taylor:
“…
2Cases cited11 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Western Union Telegraph Co. v. BroescheTexas Supreme Court · 1889
- Western Union Telegraph Co. v. KirkpatrickTexas Supreme Court · 1890
- Western Union Telegraph Co. v. MooreTexas Supreme Court · 1890
- Western Union Telegraph Co. v. RosentreterTexas Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. EdmondsonTexas Supreme Court · 1897
- Western Union Telegraph Co. v. LuckTexas Supreme Court · 1897
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Southwestern Telegraph & Telephone Co. v. GotcherTexas Supreme Court · 1899
52 more not listed; retrieve them via the Exa API.