Western Union Telegraph v. Smith

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…