Legal Opinion

Western Union Telegraph Co. v. Cavin

Court of Appeals of Texas

Decided October 8, 1902PublishedCited by 6 opinions

Appeal from the District Court of Bexar County. Tried below before Hon. S. J. Brooks.

1Opinion of the Court

ON MOTION FOR REHEARING.

NEILL, Associate Justice.

This is a suit brought by N. A. Cavin against the Western Union Telegraph Company to recover $3000 damages for mental anguish alleged to have been occasioned by the failure of the company to promptly transmit and deliver the following telegram: “Dr. Cook, Del Rio: Come as soon as possible. (Signed) N. A. Gavin.”

The plaintiff alleged in substance that on November 8, 1899, he resided with his family at Comstock; that his daughter Iona, six years of age, became ill; that he employed Dr. Cook at Del Bio, thirty miles distant, to attend her; that on…

2Cases cited3 opinions

  1. Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
  2. Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
  3. Gulf, Colorado & Santa Fe Railway Co. v. RichardsonTexas Supreme Court · 1891

3Cited by6 opinions

  1. Western Union Telegraph Co. v. HollingsworthSupreme Court of Arkansas · 1907
  2. Western Union Telegraph Co. v. ReidCourt of Appeals of Kentucky · 1905
  3. Southwestern Telegraph & Telephone Co. v. AllenCourt of Appeals of Texas · 1912
  4. Southwestern Bell Telephone Co. v. BucknerCourt of Appeals of Texas · 1925
  5. Southwestern Bell Telephone Co. v. BucknerCourt of Appeals of Texas · 1925

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