Legal Opinion

Elliott v. Western Union Telegraph Co.

Court of Appeals of Texas

Decided November 5, 1889No. 2636PublishedCited by 10 opinions

Appeal from Morris. Tried below before Hon. John L. Sheppard. The head note and opinion state the case.

1Opinion of the Court

GAINES, Associate Justice.

This suit was brought by appellants against appellee to recover damages for the failure of the latter to deliver a message alleged to have been deposited with the company’s agent for transmission to St. Louis.

One of the plaintiffs testified that they were operating a saw mill, and that having broken their saw, he went to the town of Belden and engaged one Stewart, a member of the firm of Galloway & Stewart, merchants, to order them a new saw from St. Louis by telegraph. Stewart testified that he wrote a dispatch on white paper, addressed to the Carutli & Byrnes…

2Cases cited1 opinion

  1. Western Union Telegraph Co. v. BroescheTexas Supreme Court · 1889

3Cited by10 opinions

  1. Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
  2. Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
  3. Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
  4. Helms v. Telegraph Co.Supreme Court of North Carolina · 1906
  5. Western Union Telegraph Co. v. HuffstutlerCourt of Appeals of Texas · 1916

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