Legal Opinion

Western Union Telegraph Co. v. Jeanes

Texas Supreme Court

Decided May 13, 1895No. 297PublishedCited by 34 opinions

Error to Court of Civil Appeals for Second District, in an appeal from Montague County. This was an action brought by the appellee against the appellant, in the District Court of Montague County, for damages for mental distress occasioned by delay in the delivery of a telegram, filed with the appellant at Falcon, Tenn., on March 11,1892, by J. N. Jeanes, a brother of appellee, addressed to appellee, at Belcher, Texas, reading: “Father is very low with catarrhal pneumonia.

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Error to Court of Civil Appeals for Second District, in an appeal from Montague County. This was an action brought by the appellee against the appellant, in the District Court of Montague County, for damages for mental distress occasioned by delay in the delivery of a telegram, filed with the appellant at Falcon, Tenn., on March 11,1892, by J. N. Jeanes, a brother of appellee, addressed to appellee, at Belcher, Texas, reading: “Father is very low with catarrhal pneumonia. Don’t think he will live long. [Signed] Unte.” The appellant’s answer contained a general denial, and a plea of…

1Opinion of the Court

GAINES, Associate Justice.

—This suit was brought by the defendant in error to recover of the plaintiff in error damages for the negligent delay of the company in the delivery of a telegraphic message. The message was written by the brother of the defendant in error at Falcon, Tenn., and was delivered to the company’s agent at that place for transmission and delivery to defendant in error, at Belcher, Texas. It informed the latter that his father was very low with catarrhal pneumonia, and that the sender did not think he would live very long. It was received at Belcher at 11:26 a. m. on March…

2Cases cited3 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. McMannewitzTexas Supreme Court · 1888
  2. May v. TaylorTexas Supreme Court · 1858
  3. Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1892

3Cited by34 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ManghamTexas Supreme Court · 1902
  2. Morgan v. YoungCourt of Appeals of Texas · 1947
  3. Agnew v. Coleman County Electric CooperativeTexas Supreme Court · 1954
  4. Southwestern Telegraph & Telephone Co. v. GotcherTexas Supreme Court · 1899
  5. Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1919

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