Western Union Telegraph Co. v. Junker

NORVELL, Justice.

This is an appeal by Western Union Telegraph Company from a judgment of the District Court of Cameron County awarding Mrs. Raymond Junker a recovery of $500, as damages for delay in delivering an “unrepeated” telegram.

We have concluded that appellant’s fifth assignment of error must be sustained. As that assignment controls the disposition of the case, we restrict our statement to those matters strictly applicable thereto.

The petition alleged that on the morning of July 25, 1938, Mrs. Orville Hodge, a sister of Mrs. Junker, delivered to the telegraph company at Grand Forks,…