Western Union Telegraph Co. v. Sherlin
Court of Appeals of Texas
Appeal from Fannin County Court; S. F. Leslie, Judge. Action by Hugh Sherlin against the Western Union Telegraph Company. From a verdict for plaintiff, the defendant appeals. The action is by appellee for damages, founded upon mental anguish, for the negligent failure, as alleged, to transmit and deliver the following telegram: “Chattanooga, Tennessee. October 10, 1913. J. T. Haney, H. M. Bonham, Texas.
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Appeal from Fannin County Court; S. F. Leslie, Judge. Action by Hugh Sherlin against the Western Union Telegraph Company. From a verdict for plaintiff, the defendant appeals. The action is by appellee for damages, founded upon mental anguish, for the negligent failure, as alleged, to transmit and deliver the following telegram: “Chattanooga, Tennessee. October 10, 1913. J. T. Haney, H. M. Bonham, Texas. Wire me $10.15 for half ticket and $5.00' expense money. [Signed] Hugh Sherlin.” There was a trial before the court, and judgment for appellee. The evidence shows that on October 9, 1913, the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). By appellant’s third assignment of error it is contended that, since the proof shows no notice of the circumstances surrounding appel-lee was given to the agent at Chattanooga at the time the message was filed with him, it was error for the court to render judgment for appellee for the special damages, which was mental anguish. The evidence, construed in the light of the direct and cross-examination of appellee, conclusively shows, it is concluded, that the only notice given t>y appellee to the agent at Chattanooga respecting special damages was subsequent…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1895
- Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
- Bourland v. Choctaw, Oklahoma & Gulf Railway Co.Texas Supreme Court · 1906
- Western Union Telegraph Co. v. ChamberlainCourt of Appeals of Texas · 1914
- Morrison v. Western Union Telegraph Co.Court of Appeals of Texas · 1900
3Cited by3 opinions
- Western Union Telegraph Co. v. WallerCourt of Appeals of Texas · 1917
- Steelman v. Planters Production Credit Ass'nSupreme Court of Arkansas · 1985
- Western Union Telegraph Co. v. WallerCourt of Appeals of Texas · 1917