Young v. Western Union Telegraph Co.

WALKER and BROWN, JJ., concurring in result. On 13 February, 1913, the plaintiff filed in the defendant's office at Johnson City, Tenn., a message addressed to his wife, "Bakersville, N.C.via Toecane," reading as follows: "Am coming home today; have conveyance at station."

Exceptions 1 and 15 are that the plaintiff was allowed to testify that at 12 o'clock noon, about an hour after he had filed the message, he again went to the defendant's office in Johnson City and asked the official in charge if the message had been delivered, stating that he was very sick and anxious to have it delivered…