Western Union Telegraph Co. v. Winter
Court of Appeals of Texas
Appeal from District Court, Fannin County ; Ben H. Denton, Judge. Action by George W. Winter against tbe Western Union Telegraph Company. Judgment for tbe plaintiff, and defendant appeals. Appellee’s brother, Gabe Winter, resided in Waco, Tex., but on July 2, 1914, died in a sanitarium at Chicago, Ill.
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Appeal from District Court, Fannin County ; Ben H. Denton, Judge. Action by George W. Winter against tbe Western Union Telegraph Company. Judgment for tbe plaintiff, and defendant appeals. Appellee’s brother, Gabe Winter, resided in Waco, Tex., but on July 2, 1914, died in a sanitarium at Chicago, Ill. On the morning of that day Erancis Winter, another brother to appellee, delivered to appellant at Houston, Tex., for transmission to appellee at Bonham, Tex., where he resided, a telegram as follows: “Houston, Texas, July 2, 1914. Geo._ W. Winter, Bonham, Texas. Gabe died Chicago this morning.…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] The language of the message, which was set out in full in the petition, charged appellant with notice of facts as follows:(1) That Gabe Winter had just died in Chicago.(2) That arrangements had not been, but would be, made for interring his remains.(3) That he was appellee’s brother.(4) That in all probability appellee would desire to attend the funeral when it occurred. Tel. Co. v. Carter, 85 Tex. 580, 22 S. W. 961, 34 Am. St. Rep. 826.
[2] Notwithstanding it thus appeared that appellant had notice of such facts, and notwithstanding allegations showing…
2Cases cited7 opinions
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Western Union Telegraph Co. v. YoungTexas Supreme Court · 1890
- Western Union Telegraph Co. v. KuykendallTexas Supreme Court · 1905
- Western Union Telegraph Co. v. AyersCourt of Appeals of Texas · 1906
- Clark, Adm'r v. LoweCourt of Appeals of Texas · 1910
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3Cited by2 opinions
- Western Union Telegraph Co. v. HicksCourt of Appeals of Texas · 1932
- Clark v. MatthewsCourt of Appeals of Texas · 1928