Western Union Telegraph Co. v. Timmons
Court of Appeals of Texas
Appeal from District Court, Coryell County; J. H'. Arnold, Judge. Action by J. H. Timmons against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. Affirmed. Conclusions of Fact. Lee Timmons, the brother of appellee, lived with his father, J. M. Timmons, near Ater, in Coryell county, Tex. He received an injury on April 25, 1007, at about 10 a. in., from which he died on April 27th at 8 p. m., and was buried on April 28th at 2 p. m.
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Appeal from District Court, Coryell County; J. H'. Arnold, Judge. Action by J. H. Timmons against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. Affirmed. Conclusions of Fact. Lee Timmons, the brother of appellee, lived with his father, J. M. Timmons, near Ater, in Coryell county, Tex. He received an injury on April 25, 1007, at about 10 a. in., from which he died on April 27th at 8 p. m., and was buried on April 28th at 2 p. m. Appellee lived four miles from Rule, in Haskell county, Tex. J. M. Timmons sent a friend to Ater, and asked Mr. Ater, manager…
1Opinion of the CourtJenkins, J.
(after stating the facts as above). Under appellant’s first assignment of error, it denies liability for the reason that no notice of appellee’s claim for damages was filed with appellant within 90 days after said message was filed. It is true that no such notice was given, but we hold that the failure to give such notice is not a bar to appellee’s right to recover herein for the reasons:
[1] 1. The requirement that such notice shall be given is not valid under our statute, unless the same is reasonable. Article 3379, R. 8. The reasonableness of such notice is a question of fact for the jury,…
2Cases cited1 opinion
- Glen Rose Collegiate Institute v. Glen Rose Independent School District No. 1Court of Appeals of Texas · 1910
3Cited by1 opinion
- Western Union Telegraph Co. v. McMillanCourt of Appeals of Texas · 1915