Western Union Telegraph Co. v. Wafford

SPEER, Associate Justice.

Appellee sued appellant to recover damages, alleging that it was negligent in the delivery of the following message: “Mount Pleasant, Texas, January 15, 1905. Mr. Frank Wafford, Amarillo, Texas. Ellar is dead. Come at once. J. F. Mchols.” The “Ellar” mentioned was a sister of appellee’s, and it was alleged that the negligence of appellant resulted in his failure to be present at her funeral. From a judgment in appellee’s favor for the sum of two hundred dollars this appeal has been perfected.

Appellant insists, and the insistence is the gist of this appeal, that, the…