Gulf, Colorado & Santa Fe Railway Co. v. Richardson

HENRY, Associate Justice.

Plaintiff sued to recover damage for delay in delivering the following telegraphic message:

“Thompson Station, July 2, 1888.

c‘Br. S. A. Stone, Richmond, Texas:

“ My child is very sick. Come at once.

[Signed] “W. J. Richardson.’’

The evidence conflicts as to the exact hour when the message was sent or delivered, plaintiff’s evidence tending to show that it was delivered to the defendant’s agent between 3 and 4 o’clock p. m., and the defendant’s that it was not received by it before 5 o’clock p. m.

The evidence indicates that it was received by the defendant’s agent at…