Legal Opinion

Western Union Telegraph Co. v. Coffin

Texas Supreme Court

Decided March 11, 1895No. 241PublishedCited by 40 opinions

Error to Court of Civil Appeals for Fifth District, in an appeal from Smith County. This was an appeal from a judgment for $500 recovered by Coffin for mental anguish suffered from inability to attend the funeral of his wife’s brother, caused by delay in delivery of a message notifying him of the death and inviting him to attend the burial. Relations of great friendship existed between plaintiff and the deceased. The judgment was affirmed by the Court of Civil Appeals.

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Error to Court of Civil Appeals for Fifth District, in an appeal from Smith County. This was an appeal from a judgment for $500 recovered by Coffin for mental anguish suffered from inability to attend the funeral of his wife’s brother, caused by delay in delivery of a message notifying him of the death and inviting him to attend the burial. Relations of great friendship existed between plaintiff and the deceased. The judgment was affirmed by the Court of Civil Appeals. In the application for writ of error it is alleged, that “the relationship, if any, existing between Coffin and the deceased…

1Opinion of the Court

BROWN, Associate Justice.

—W. E. Coffin resided at Tyler, on March 17, 1892, about 500 yards from the public square. He had resided in that town for about two years, and was well known to most of the business men of the town. Coffin married the sister of R. Bracken, and “thought as much of him as if he had been a brother.”

March 17, 1892, the following message was delivered to the agent of the telegraph company at Lancaster, Texas, at the hour of 7 a. m., the customary charges being paid at the time by the sender: “ To W. E. Coffin, Tyler, Texas.—R. Bracken will be buried to-morrow. Come at…

2Cases cited3 opinions

  1. United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
  2. Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
  3. Daniel v. W. U. Tel. Co.Texas Supreme Court · 1884

3Cited by40 opinions

  1. Western Union Telegraph Co. v. LuckTexas Supreme Court · 1897
  2. Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
  3. Southwestern Telegraph & Telephone Co. v. GotcherTexas Supreme Court · 1899
  4. Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
  5. Southwestern Telegraph & Telephone Co. v. AndrewsCourt of Appeals of Texas · 1914

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