Western Union Telegraph Co. v. Mobley

PHEASANTS, O. J.

This suit was brought by appellee against appellant to recover damages for the alleged failure of appellant to make timely delivery of the following telegram, sent from the town of Farmersville, Tex., to appellee at Houston, Tex.:

“Mother died five. Wire if coming, and when.

“[Signed] J. H. Chapman.”

The petition alleges, in substance, that this message was accepted by the defendant and transmitted from Farmersville to Houston for plaintiff’s use and benefit, the charges therefor having been paid by the sender, J. H. Chapman; that it was received by the defendant at Houston,…