Western Union Telegraph Co. v. Johnson

KEY,

Associate Justice.—This is an action to recover damages for a failure to promptly transmit and deliver a telegraphic message notifying appellee of the dangerous illness of his brother, Tom Johnson. Appellee’s petition charged appellant with negligence both in the transmission and delivery of the message, and the court submitted both issues to the jury. The verdict is general for the plaintiff, and does not show whether the jury found one or both charges of negligence to be true. There is testimony, however, tending to sustain both, and in accordance with such testimony, and in support of…