Western Union Telegraph Co. v. Boots

STEPHENS, Associate Justice.

The message—“Roble, O. T., 4 /19 /1893. To James Boots, Gainesville, Texas; Come at once. Wife dying. Team will wait here for you. J. B. Couch”—was received at Roble, Oklahoma Territory, by appellant’s agent, a little after midnight, April 19, 1893. It left Roble at 8:13 a. m., April 20th, and reached Gainesville at 9:30 a. m. of that day. The north-bound train left Gainesville at 9 a. m., which appellee would have taken, thereby reaching his wife before her death, had he received the message five or six minutes before 9.

The evidence tended to show that the message…