Legal Opinion

McFarlin v. Gulf States Telephone Co.

Court of Appeals of Texas

Decided November 15, 1923No. 16. [fn*]Published

1Opinion of the CourtBarous, J.

About 10 o’clock on the night of March 7,1922, appellant’s child was taken seriously sick with diphtheria, and died about 3 o’clock the next morning. Appellant alleged that he was not a subscriber to the telephone service of appellee, but that over a neighbor’s phone he attempted to get the central operator of appellee at Hamilton, Tex., which was 7 miles from his home, and that he was unable to get central to answer, and that, but for the negligence of the servants, agents, and employees of appellee in failing to answer said telephone, he would have been able to get a physician to administer…

2Cases cited8 opinions

  1. Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
  2. Western Union Telegraph Co. v. EdmondsonTexas Supreme Court · 1897
  3. Evans' Adm'r v. Cumb. Tel'p. & Tel'g Co.Court of Appeals of Kentucky · 1909
  4. Southwestern Telegraph & Telephone Co. v. ThomasCourt of Appeals of Texas · 1916
  5. Deweesh v. Southwestern Telegraph & Telephone Co.Court of Appeals of Texas · 1912

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