Westers Union Telegraph Co. v. Cooper
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. J. M. Hall. This is an a.ppeal from a judgment for two thousand dollars in favor of appellee. The cause of action was the failure of the telegraph company to deliver a message from the plaintiff Cooper to one Doctor Keating, m substance as follows.- “9 1—30, 1886. € ‘To Dr. J. R. Keating Cleborne Texas Come at once: bring Laurie; Josephine sick. J. M.Cooper.”
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Appeal from Johnson. Tried below before the Hon. J. M. Hall. This is an a.ppeal from a judgment for two thousand dollars in favor of appellee. The cause of action was the failure of the telegraph company to deliver a message from the plaintiff Cooper to one Doctor Keating, m substance as follows.- “9 1—30, 1886. € ‘To Dr. J. R. Keating Cleborne Texas Come at once: bring Laurie; Josephine sick. J. M.Cooper.” That the Josephine named in the message was the wife of plaintiff—then about to be confined. That plaintiff was living about five miles from Grandview, where he had only resided but a…
1Opinion of the Court
Collard, Judge.
Appellant claims that its demurrers to plaintiff’s petition should have been sustained because injury to feelings disconnected from all actual personal injury are •exemplary damages, and the facts alleged are not sufficient to recover exemplary damages.
The very question raised here was before the Supreme Court in the case of Stuart v. Western Union Telegraph Company, and the court, after discussing the SoRelle case (55 Texas, 310) and the two Levy cases (59 Texas, 543, 563), the case of Hays v. The Railroad (46 Texas, 272) and other authorities, use the following language:
“But…
2Cases cited4 opinions
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- San Antonio Street Railway Co. v. HelmTexas Supreme Court · 1885
- T. C. R'y Co. v. BurnettTexas Supreme Court · 1884
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1888
3Cited by66 opinions
- Krishnan v. SepulvedaTexas Supreme Court · 1995
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Renfro Drug Co. v. LawsonTexas Supreme Court · 1942
- Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
- Renihan v. WrightIndiana Supreme Court · 1890
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