Legal Opinion

Western Union Telegraph Co. v. Kuykendall

Texas Supreme Court

Decided November 16, 1905No. 1484PublishedCited by 13 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Llano County. Kuykendall sued the telegraph company and recovered judgment. Defendant appealed and on affirmance obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

Elmer Kuykendall sued the Western Union Telegraph Company for damages charged to have been caused to his wife by the failure of that company to transmit and deliver, in a reasonable time, the following message: “H’ollis, O. T., 11-18-03. Mrs. Myrtle Kuykendall, Kingsland, Texas. Will Arant died this a. m. Will be at Lampasas tomorrow evening the 19th day. (Signed) Walker Arant.” It is alleged that Myrtle Kuykendall was the wife of the plaintiff Elmer Kuykendall and the sister of Will Arant, mentioned in the message as being dead. That Walker Arant, the sender of the…

2Cases cited1 opinion

  1. Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893

3Cited by13 opinions

  1. Western Union Telegraph Co. v. HicksCourt of Appeals of Texas · 1923
  2. Smith v. Postal Telegraph Cable Co.Texas Supreme Court · 1911
  3. Smith v. Postal Telegraph-Cable Co. of TexasTexas Supreme Court · 1911
  4. Western Union Telegraph Co. v. KibbleCourt of Appeals of Texas · 1909
  5. Johnson v. Western Union Telegraph Co.Court of Appeals of Texas · 1910

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