Western Union Telegraph Co. v. Lydon

HENRY, Associate Justice.

This suit was brought by the appellee to recover damages for the failure of appellant to transmit and deliver with proper diligence a telegraphic message. The petition charges that, plaintiff’s mother resided in the State of West Virginia and plaintiff in Tarrant County, Texas; that the following message was sent by his brother and received by him:

“Weston, April 24, 1888.

“To John J. Lydon, Fort Worth,- Texas:

“Mother is very ill with strangulated hernia; will not submit to operation. Answer.

[Signed] ‘ ‘ Martin Lydon. ’ ’

That plaintiff upon receiving said message was…