Western Union Telegraph Co. v. Shaw

FUNDERBURK, Justice.

Jack Shaw, residing in Beaumont, Texas, the son of R. L. Shaw and Bessie Shaw, residing in Cisco, Texas, upon the death of the former’s thirteen-hour old baby sent a telegram to said R. L. Shaw,, saying: “Baby died at 1:10 AM. Florence coming tomorrow. Will call 10 :00 PM at Pauls”. The telegram was sent as a night letter at about 2 o’clock A.M., January 14, 1942. The baby was buried in the afternoon of January 14, 1942. The grandparents never learned of the child’s death or burial until January 15, 1942.

R. L. Shaw, for himself and wife, Bessie Shaw, brought this suit…