Western Union Telegraph Co. v. Sweeney

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

In the trial court H. B. Sweeney recovered judgment for damages against Western Union Telegraph Company for negligent delivery of a telegram of instructions to his stock brokers. Upon original hearing the judgment was affirmed by the Court of Civil Appeals. Upon rehearing this judgment was set aside and judgment was rendered that Sweeney take nothing, Associate Justice Funderburk, who wrote the original opinion, dissenting. A motion for rehearing and to certify was then filed, which the court granted.

The facts are…