So Relle v. W. U. Telegraph Co.
Texas Supreme Court
Appeal from Lee, Tried below before the Hon. I. B. McFarlane. Suit brought against appellee on the 24th day of June, 1814, to recover $50,000 damages, occasioned, as claimed in the petition, by the willful neglect or failure of appellee to transmit and deliver, within a reasonable time, the following telegraphic message: “ Giddings, Jan. 16, 1874, A. D. “To C. O. So Relle, “Office over Miller’s Stable: “Tour mother is dead; come on night train. Conveyance at T. Wroes.
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Appeal from Lee, Tried below before the Hon. I. B. McFarlane. Suit brought against appellee on the 24th day of June, 1814, to recover $50,000 damages, occasioned, as claimed in the petition, by the willful neglect or failure of appellee to transmit and deliver, within a reasonable time, the following telegraphic message: “ Giddings, Jan. 16, 1874, A. D. “To C. O. So Relle, “Office over Miller’s Stable: “Tour mother is dead; come on night train. Conveyance at T. Wroes. (Signed) “ Wm. M. Scallorn.” It is in substance alleged in the petition, that appellant’s mother died on the 16th day of…
1Opinion of the Court
Watts, J. Com. App.
The question presented by the record is as to the liability of a telegraph company for injury resulting to the feelings of a person from the willful neglect of the agents of the company to transmit and deliver a message announcing the death of such person’s mother, and requesting his presence at the funeral, etc.
*311This question results from the ruling of the court below in sustaining exceptions to the petition.
The allegations contained in the petition are, in effect, that appellant’s mother died on the 16th day of January, 1874, near the town of Giddings; that on that day,…
2Cases cited3 opinions
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Roberts v. GrahamSupreme Court of the United States · 1868
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
3Cited by56 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Harned v. E-Z Finance Co.Texas Supreme Court · 1953
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