Western Union Telegraph Co. v. Hays

PLEASANTS, Associate Justice.

This is a suit by appellee to recover of appellant damages for grief and mental pain and anguish alleged to have been suffered by appellee by reason of the negligent failure of appellant to promptly transmit and deliver a telegram sent to appellee announcing the fatal illness of his sister.

The appellant answered by general demurrer and general denial, and by special plea in abatement set up the failure of plaintiff to file claim for damages within ninety days of the date of the message and prior to the bringing of his suit, in accordance with the terms of the…