Western Union Telegraph Co. v. Downs

Kirby, J.,

(after stating the facts). It is contended for reversal that the court should have directed a verdict in appellant’s favor, and that, in any event, the evidence failed to show that the delay in the delivery of the telegram was the proximate cause of the damage, which appellant does not deny was sustained by appellee.

It is. undisputed that the telegram was sent on the date mentioned and not delivered until August 19 at 4:23 in the afternoon. The testimony on appellee’s part showed it was not delivered until a second telegram had been sent him on the 19th, inquiring if the 50 bales…