Western Union Telegraph Co. v. Brown
Court of Appeals of Texas
Appeal from District Court, Bowie County; H. F. O’Neal, Judge. Action by B. H. Brown against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHodges, J.
On December 21, 1915, the following message was sent from Bessemer, Ala., to the appellee at Nash, Tex:
“Father died at 12:30 p. m. to-day of pneumonia. [Signed] A. C. Boyd.”
The testimony showed that A. C. Boyd was the brother of Mrs. B. H. Brown, and the purpose of the message was to notify her of the death of her father. This message reached Nash, Tex., early in the morning of the 22d of December, but was not delivered until some time the next day. The evidence further showed that the failure to deliver the message earlier was due to the negligence of the agents of the appellant, and that…
2Cases cited4 opinions
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Western Union Telegraph Co. v. BaileyTexas Supreme Court · 1917
- Western Union Telegraph Co. v. HawkinsSupreme Court of Alabama · 1916
- Western Union Telegraph Co. v. BaileyCourt of Appeals of Texas · 1916
3Cited by2 opinions
- Western Union Telegraph Co. v. ArmstrongCourt of Appeals of Texas · 1918
- Western Union Telegraph Co. v. EpleyCourt of Appeals of Texas · 1920