Western Union Telegraph Co. v. Hendricks

FLY, Associate Justice.

Appellee sued appellant to recover $995 damages alleged to have resulted from the failure to deliver the following message:

“Bed Oak, I. T., April 2, 1900.—FT. L. Hendricks, Care of Andrew Shirley, Anna, Texas: William expected to die. Come at once or reply. Pneumonia. J. W. Hendricks.” • ■

The jury awarded damages in the sum of $400.

The petition alleges and the evidence discloses that the contract in regard to the message was that it was to be delivered to Andrew Shirley at Anna, Texas, or to appellee at his home six miles from Anna in the country. The message was…