Western Union Telegraph Co. v. Kendzora

GAINES, Associate Justice.

— The appellee’s wife being sick, he caused a telegraphic message addressed to Dr. Haney, Millsaps, Texas, and summoning him to her bedside, to be delivered to appellant’s agent at Brazos. The message was received by the agent for transmission and was paid for, but was not delivered to the physician. Dr. Haney had visited appellee’s wife some ten days previous to the day on which the dispatch was received by the company’s agent. The message was dated on th^ 26th of December, and Mrs. Kendzora died at about 2 o’clock on the morning of the 28th. Dr. Haney not having…