Mitchell v. Western Union Telegraph Co.

COLLARD, Associate Justice.

Suit by the appellant, W. F. Mitchell, against the appellee, to recover damages for failure to deliver the following message:

“Marfa, Texas, March 24, 1890.

“2b W. F. Mitchell, San Marcos:

“ Water is getting low; come out.

[Signed] “F. A. Mitchell.”

The court below sustained a general demurrer and special exceptions to the amended petition, and to a trial amendment filed by plaintiff, which reduced the right of recovery to nominal damages, of which the court had no jurisdiction; and plaintiff declining to further amend, the court rendered judgment for defendant; from…