Western Union Telegraph Co. v. Womack

STEPHENS, Associate Justice.

— In the assumption that, if appellant was liable to appellee for mental suffering endured by him in consequence of its failure to promptly deliver the message, it was also liable for the mental distress of his wife, it must be held, on the authority of Telegraph Company v. Kirkpatrick, 76 Texas, 217; Telegraph Company v. Carter, 85 Texas, 580; Telegraph Company v. Proctor, 6 Texas Civil Appeal, 302; and Express Company v. Fuller, 23 Southwestern Reporter, 412, that the charge of the court was erroneous — due, doubtless, to the opinion of the Court of Civil Appeals…