Western Union Telegraph Co. v. Phillips
Court of Appeals of Texas
Sometime in 1887 appellee, with his family, he being then a citizen and resident of the State of Texas, moved into the Indian Territory, and engaged in farming on a claim purchased from parties residing there. Early in June, 1888, appellee’s wife, who had consumption, went to her father’s house at Santo, in Palo Pinto County, Texas; and appellee, anticipating that she might grow worse, arranged with his father-in-law, J. C. Strickland, to telegraph him should this occur.
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Sometime in 1887 appellee, with his family, he being then a citizen and resident of the State of Texas, moved into the Indian Territory, and engaged in farming on a claim purchased from parties residing there. Early in June, 1888, appellee’s wife, who had consumption, went to her father’s house at Santo, in Palo Pinto County, Texas; and appellee, anticipating that she might grow worse, arranged with his father-in-law, J. C. Strickland, to telegraph him should this occur. On June 24, 1888, J. C. Strickland delivered to his son, J. H. Strickland, to be taken to the telegraph office and sent to…
1Opinion of the Court
HEAD, Associate Justice.
Upon the trial below the court instructed the jury, “ that the sixty days within which to make demand by appellant for his damages would not begin to run against him until the message was delivered to him, or from the date when for the first time he learned, or by the exercise of reasonable diligence could have learned, that such message had been sent to him;” and the telegraph company complains in its ninth assignment at the giving of this charge.
We believe this charge of the court was erroneous. We do not, however, think that this limitation must in all cases date…
2Cases cited3 opinions
- Morris v. Missouri Pacific Railway Co.Texas Supreme Court · 1890
- Lester v. Western Union Telegraph Co.Texas Supreme Court · 1892
- Western Union Telegraph Co. v. CulbersonTexas Supreme Court · 1890
3Cited by4 opinions
- Flaiz v. MooreCourt of Appeals of Texas · 1962
- Western Union Telegraph Co. v. ClarkCourt of Appeals of Texas · 1896
- Slaton State Bank v. Amarillo Nat. BankCourt of Appeals of Texas · 1926
- Western Union Telegraph Co. v. GreerTennessee Supreme Court · 1905