Western Union Telegraph Co. v. Hill

Defendant in error, Hill, sued the Western Union Telegraph Company to recover damages for the failure to deliver to him, with proper diligence, a telegram sent by one Earl at Cameron, to plaintiff at Wichita Falls, advising the latter of the death of his mother and requesting him to wire if he was

coming. It is alleged that the telegram was received by the defendant’s agent at Wichita Falls at 11:57 a. m. on the date it was sent, and that the company negligently failed to deliver it until about 9:00 p. m. on that date, and because of such negligence, plaintiff was unable to attend the funeral…