Western Union Telegraph Co. v. Wingate

KEY, Associate Justice.

This is an action for damages for failure to deliver with proper diligence a telegram announcing the serious illness of appellee’s mother.

Appellee’s petition alleges, that on the 3rd day of February, 1890, the message was delivered to appellant’s agent and manager at Orange, Texas, and the charges for its transmission and delivery paid, to be sent to appellee at Ballinger, Texas; that the message was transmitted to and received at appellant’s office at Ballinger at 9:25 p. m. of the same day, but was not delivered until 10 a. m. February 4; that trains left Ballinger in…