Western Union Telegraph Co. v. Abbott

The plaintiff Nettie Abbott, joined pro forma by her husband, brought this suit against the Western Union Telegraph Company for damages resulting to her by reason of the failure of the telegraph company to transmit and promptly deliver to her husband, Rufe Abbott, the following telegram:

"Date Cisco, Texas, April 7, 1928.

"To — Rufe Abbott, Munday, Texas.

"Jackson wife and six children burned to death in house tonight.

"[Signed] L. E. Clark."

The trial was before the court and jury, and on the latter's answers to special issues a judgment was entered in favor of the plaintiff. The jury estimated…