Western Union Telegraph Co. v. Culberson
Texas Supreme Court
Error from. Cass. Tried below before Hon. John L. Sheppard. This is error from a judgment in the District Court for $1500 damages, rendered in favor of defendant in error against the telegraph company. The cause of action was unreasonable delay in delivering a message to the plaintiff touching the illness of his mother. The message was delayed over two days. The plaintiff reached his mother an hour before her death. 'She was unconscious and so remained until her death.
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Error from. Cass. Tried below before Hon. John L. Sheppard. This is error from a judgment in the District Court for $1500 damages, rendered in favor of defendant in error against the telegraph company. The cause of action was unreasonable delay in delivering a message to the plaintiff touching the illness of his mother. The message was delayed over two days. The plaintiff reached his mother an hour before her death. 'She was unconscious and so remained until her death. Demand for damages was made within sixty days after the date of the message, but over thirty days after. Other facts…
1Opinion of the Court
GAINES, Associate Justice.
This suit was brought by appellee against the appellant to recover damages resulting from a failure on part of the defendant corporation to make prompt delivery of a message informing the plaintiff of the serious illness'of his mother. There was a delay of two days in delivering the dispatch, and the plaintiff, who upon its receipt went at once to his mother’s bedside, found her unconscious, from which condition she never recovered. She died within about one hour after his arrival.
The message was written upon one of the company’s blanks and was signed and handed to…
2Cases cited2 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. TrawickTexas Supreme Court · 1887
- Western Union Tel. Co. v. RainsTexas Supreme Court · 1885
3Cited by12 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Taber v. Western Union Telegraph Co.Texas Supreme Court · 1911
- Lester v. Western Union Telegraph Co.Texas Supreme Court · 1892
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
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