Legal Opinion

Western Union Telegraph Co. v. Kirkpatrick

Texas Supreme Court

Decided February 14, 1890No. 2828PublishedCited by 32 opinions

Appeal from Galveston. Tried below before Hon. Wm. H. Stewart.

1Opinion of the Court

GAINES, Associate Justice.

This suit was brought by appellee to recover of appellant damages for mental suffering of appellee’s wife, alleged to have resulted from a failure to deliver according to contract a telegraphic message. The -plaintiff resided with his wife at Highland, and his wife’s father was upon his death bed in Galveston. Jerry Gordon, a relative of the family, delivered to the agent of the defendant company in Galveston a message for transmission to plaintiff, which read as follows:

“0. 8. Kirkpatrick, Highland Station:
“Come on first train. Bring Ferdinand. His father very low.…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
  2. Western Union Telegraph Co. v. FeeglesCourt of Appeals of Texas · 1889

3Cited by32 opinions

  1. Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
  2. Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
  3. Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
  4. Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
  5. Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908

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