Western Union Telegraph Co. v. Morris

HENRY, Associate Justice.

—This suit was brought to recover damage for mental pain of the wife of the plaintiff, caused by the failure of defendant to deliver a telegraphic message.

The contract with regard to sending the message contained a clause to the effect that the telegraph company should not be held liable in any case where the claim should not be presented to it within sixty days after the message was sent. Plaintiff presented a claim within the stipulated time for the “sum of $50 actual damage and $5000 exemplary damage,” otherwise sufficiently describing his cause of action. By an…