Smith v. Postal Telegraph Cable Co.
Texas Supreme Court
Error to the Court of Civil Appeals, Fifth District, in an appeal from Dallas County. Smith sued the telegraph company and recovered damages. On defendant’s appeal the judgment was reversed and rendered in its favor. Plaintiff, appellee, then obtained writ of error.
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Error to the Court of Civil Appeals, Fifth District, in an appeal from Dallas County. Smith sued the telegraph company and recovered damages. On defendant’s appeal the judgment was reversed and rendered in its favor. Plaintiff, appellee, then obtained writ of error. The ruling denying plaintiff a right of recovery being reversed by the Supreme Court in the first opinion following, the cause was sent back to the Court of Civil Appeals to pass upon and report its rulings upon an assignment of error not considered, but becoming necessary to determine because of the reversal of the ruling on…
1Opinion of the CourtJustice Ramsey
This was a suit by J. Majcrant Smith filed in the District Court of Dallas County, for damages, against the Postal Telegraph-Cable Company of Texas on account of its negligence in failing to deliver promptly the following telegram: “Belton, Texas, November 25, 1904. Mrs. J. Mavrant Smith, care Oriental Oil Compan}^ Dallas, Texas. Dave died this morning, three o’clock. Will make all arrangements. (Signed) Wm. Thatcher.” The relationship of all the parties was averred in the petition, and further that while on a visit to David Terry, the deceased, an inmate of the Confederate Home at Austin, it…
2Cases cited2 opinions
- Western Union Telegraph Co. v. KuykendallTexas Supreme Court · 1905
- Western Union Telegraph Co. v. SmithCourt of Appeals of Texas · 1908
3Cited by6 opinions
- Nicholson v. NicholsonCourt of Appeals of Texas · 1929
- Western Union Telegraph Co. v. HicksCourt of Appeals of Texas · 1932
- Western Union Telegraph Co. v. HicksCourt of Appeals of Texas · 1923
- Boone v. HenryCourt of Appeals of Texas · 1941
- Western Union Telegraph Co. v. WinterCourt of Appeals of Texas · 1916
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