Lester v. Western Union Telegraph Co.

MARR, Judge,

Section A. — The appellant brought this suit against the appellee to recover damages on account of the latter’s negligent failure to transmit and deliver promptly certain telegrams relating to the serious illness and death of the appellant’s son. Hone of the telegrams were delivered on time, and some of them not at all.

The appellee, as found by the court below, was plainly guilty of culpable negligence in reference to these messages. The court below held, that in consequence of the negligence of the defendant the plaintiff had sustained damages in the sum of $2000; but as he had…