Western Union Telegraph Co. v. Smith

BOOKHOHT, Associate Justice.

— This suit was filed by the appellees against the appellant and had for its purpose the recovery of damages for alleged negligence of the appellant in failing to promptly deliver the following message:

“Kosse, Texas, Jan. 19, 1908.

“To Tom Smith, Childress, Texas.

"Mr. Ainsworth is very low. Come at once.

“(Signed) J. R. Smith.”

It was alleged that the message was sent for the benefit of Mrs. Tom Smith and was not delivered to her until the twenty-second day of January, being three days after it was filed for transmission, and when received, was addressed to M. Smith,…