Western Union Telegraph Co. v. Teague
Court of Appeals of Texas
Appeal from Franklin. Tried below before Hon. J. L. Sheppard. 1. Unless appellant had notice that appellee was a student at the college, it was immaterial whether it was the duty of the janitor to receive the message, or whether he was accustomed to receive messages addressed to the students of the college, or whether it was the custom of appellant to deliver messages addressed •to the students to the janitor, for appellant was not, without such notice, bound to deliver the…
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Appeal from Franklin. Tried below before Hon. J. L. Sheppard. 1. Unless appellant had notice that appellee was a student at the college, it was immaterial whether it was the duty of the janitor to receive the message, or whether he was accustomed to receive messages addressed to the students of the college, or whether it was the custom of appellant to deliver messages addressed •to the students to the janitor, for appellant was not, without such notice, bound to deliver the message in question to the janitor. 2. The court erred in refusing the fourth special charge, to the effect, that the…
1Opinion of the Court
LIGHTFOOT, Ghiee Justice.
The following statement of the case is substantially,correct: This was an action brought by the appellee, in the District Court of Franklin County, for damages in the sum of $1500, on account of mental pain and anguish alleged to have been produced by negligent delay in the delivery of a message, filed with appellant at Mount Yernon, Texas, January 8, 1891, by J. S. Teague, addressed to appellee at Memphis Hospital College, at Memphis, Tenn., reading: “Pa is very sick with pneumonia; come at once; answer;” whereby appellee was deprived of the privilege of being at the…
2Cases cited2 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WeschTexas Supreme Court · 1893
- Western Union Tel. Co. v. RainsTexas Supreme Court · 1885
3Cited by5 opinions
- Boltz v. Town of SullivanWisconsin Supreme Court · 1899
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1914
- Western Union Telegraph Co. v. WilsonCourt of Appeals of Texas · 1913
- Western Union Telegraph Co. v. WomackCourt of Appeals of Texas · 1895
- Western Union Telegraph Co. v. HoseaCourt of Appeals of Texas · 1910