Western Union Telegraph Co. v. Cooper

STEPHENS, Associate Justice.

This appeal is from a verdict and judgment for $675 in a mental anguish case.

Upon the death of appellee’s mother the following telegram was sent to him at Lebanon, via Marietta, I. T., from Windom, Texas, by his brother, who paid aH charges, including that for special delivery from Marietta to Lebanon: “Ma dead. If you can reach here by two o’clock, come.” It was received for transmission and delivery by appellant about noon, April 4, 1901, and transmitted to Marietta, I. T., about two hours later, but no effort was made to deliver it to appellee till between 12…