Western Union Telegraph Co. v. Pearce

WILLIAMS, Associate Justice.

This ease is presented upon the following certificate:

“This is an action by appellee against the appellant for damages arising from failure to deliver a telegraphic message, addressed to the plaintiff, care of C. T. Hunter, Marlin, Texas, announcing the death of appellee’s brother; that by reason of such failure the appellee was prevented from attending the burial of his brother. Upon trial of the case in the court below, appellee recovered.

“Among the defenses pleaded by appellant were those to the effect that the appellee and C. T. Hunter, in whose care the…