Legal Opinion

Western Union Telegraph Co. v. McNairy

Court of Appeals of Texas

Decided January 30, 1904PublishedCited by 6 opinions

Appeal from the District Court of Mitchell. Tried below before Hon. L. Shepperd.

1Opinion of the Court

CONNER, Chief Justice.

Appellee sued to recover damages for mental anguish, suffered by his wife, caused by delay in the transmission and delivery of the following telegraphic message, dated. Portales, Hew Mexico, May 27, 1902: “To Frank H. Johnson, Colorado, Texas: Tell Mrs. McHairy her brother Gid Hunter was killed here to-day. Wire what to do with body. (Signed) C. J. Lamb.”

The defendant pleaded the general denial, and specially that the damages sought were not recoverable under the laws of Hew Mexico, where the contract was entered into. A trial, however, resulted in a verdict and judgment…

2Cases cited5 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Scudder v. Union National BankSupreme Court of the United States · 1875
  3. Ex Parte FrenchSupreme Court of the United States · 1875
  4. Western Union Telegraph Co. v. BootsCourt of Appeals of Texas · 1895
  5. Walter v. Mutual Home Savings Ass'n.Court of Appeals of Texas · 1902

3Cited by6 opinions

  1. Goodwin v. Western Union Telegraph Co.Court of Appeals of Texas · 1913
  2. Hancock v. Telegraph Company.Supreme Court of North Carolina · 1906
  3. Pullman Co. v. MoiseCourt of Appeals of Texas · 1916
  4. Western Union Telegraph Co. v. WhiteCourt of Appeals of Texas · 1913
  5. Western Union Telegraph Co. v. WallerCourt of Appeals of Texas · 1917

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