Ramey v. Western Union Telegraph Co.

The opinion of the court was delivered by

Dawson, J.:

This action arises from the negligent failure of the Western Union Telegraph Company to deliver to the addressee at Wichita the following telegram:

“401 ks rc 10.

Forbes Junction Colo. Mar. 8, 1912.

Mrs. Annie Ramey,

c/o Post Office, General Delivery, Wichita, Kas.

Father killed this morning. Wire me if you can come.

Johnnie Keith.

431 pm.”

Keith was the brother of Mrs. Ramey, and he paid for the message. Promptly upon its receipt in Wichita, the telegraph company placed the message in its business envelope and dispatched it to the post office, but…