Western Union Telegraph Co. v. Gilstrap

The opinion of the court was delivered by

Porter, J.:

This action was brought to recover damages for failure to deliver a telegram. The jury returned a verdict allowing $770.52 damages, and judgment was rendered thereon, which the defendant by this proceeding in error seeks to reverse.

The telegram in question was sent from Neosho, Mo., and reads as follows:

“To Henry Gilstrap, Lyons, Kan.:

“Father very sick, come if can.. John Sayers.”

It was received at Lyons, Kan., at 9:28 in the forenoon of June 7, 1906. It was not actually delivered until 2:25 in the afternoon of the following day. The sender…