Western Union Telegraph Co. v. Smith
Court of Appeals of Texas
Appeal from District Court, Swisher County; R. C. Joiner, Judge. Action by Ada Smith and E. D. Smith against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. Motion for rehearing.
1Opinion of the CourtHuff, C. J.
The appellee Mrs. Ada' Smith, joined by her husband, E. D. Smith, instituted suit against the appellant for failure to deliver a telegram sent from Artesia, N. M., to Judge C. F. Kerr, at Dimmitt, as follows:
“Ada coming. Have conveyance meet her at Hereford. ‘Phone Hereford [Signed] E. D. Smith.”
Mrs. Smith’s brother was killed .at Dimmitt and the allegations show that on the evening previous to the sending of the telegram that Kerr had talked with E. D. Smith over the phone, requesting Mrs. Smith to be at the funeral the next day, at 5 o’clock. Mrs. Smith at that time was not very well, but…
2Cases cited16 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- State ex rel. Moose v. WoodruffSupreme Court of Arkansas · 1915
- Western Union Telegraph Co. v. BilisolySupreme Court of Virginia · 1914
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chavarria v. Superior CourtCalifornia Court of Appeal · 1974
- Western Union Telegraph Co. v. KilgoreCourt of Appeals of Texas · 1919
- Western Union Telegraph Co. v. SchadeTennessee Supreme Court · 1916
- Missouri State Life Ins. v. RhyneCourt of Appeals of Texas · 1925
- Western Union Telegraph Co. v. PiperCourt of Appeals of Texas · 1916
1 more not listed; retrieve them via the Exa API.