Western Union Tel. Co. v. Slife

Opinion by

PINKHAM, C.

This action was instituted by the defendant in error as plaintiff, against the Western Union Telegraph Company for damages on account of the nondelivery of a -message sent from Ryan, Okla., to the plaintiff, Birdie Slife, at Ada, Okla., reading as follows:

“Alma Davis died 10 o’clock this morning. [Signed] A’f Durrett.”

The petition alleges the delivery of this message to the Western Union Telegraph Company at Byan at 6:15 p. m. on September 21, 1925, the payment of tolls and the promise of defendant company to transmit said message; that Alma Davis, named in the message,…