Western Union Telegraph Co. v. Rutledge

This suit was originally instituted by C. N. Rutledge, hereinafter designated plaintiff, against Western Union Telegraph Company, hereinafter designated telegraph company, to recover the sum of $2,000 alleged damages on account of the alleged negligence of the telegraph company in failing to deliver to the plaintiff on December 6, 1024, at Memphis, Tex., a telegram sent from Gilmer at 11:30 o’clock p. m. on December 5,1924, which reads as follows:

“Gilmer, Texas, December 5th, 1924.

11:30 p. m.

“C. N. (Charley) Rutledge, Care G. T. Moss, Memphis, Texas.

“Come at once Albert dead funeral Sunday.…