Western Union Telegraph Co. v. Tice
Court of Appeals of Texas
Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by Napoleon Tice against the Western Union Telegraph Company. From -a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHodges, J.
This is an action in which the appellee recovered a judgment against •the appellant for mental anguish resulting from the failure to promptly transmit and deliver a telegram notifying him of his father’s death. A jury was waived, and the facts were submitted to the court, and a .judgment rendered in favor of the appellee for the sum of $300.
The first ground of error urged is that there was a variance between the allegations of the plaintiff’s original petition and the proof adduced upon the trial. It is claimed that the petition states a cause -of action based upon an alleged breach óf a…
2Cases cited8 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. SmithTexas Supreme Court · 1895
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1893
- Western Union Telegraph Co. v. WoodardSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- MacKay Telegraph & Cable Co. v. MartinCourt of Appeals of Texas · 1920