Legal Opinion

Western Union Telegraph Co. v. Barrertt

Court of Appeals of Texas

Decided November 19, 1918No. 2019. [fn*]PublishedCited by 2 opinions

Appeal from District Court, Eranklin County; J. A. Ward, Judge. Suit by Mrs. T. J. Barrett and another against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtWillson, C. J.

On October 13, 1917, and during several days immediately prior to that date, Mrs. Ruth Ellis, who resided in Omaha, was seriously sick at the home of her mother, appellee Mrs. T. J. Barrett, in Mt. Vernon. Willis Morgan, son of Mrs. Barrett and brother of Mrs. Ellis, was a soldier training at Camp Travis, San Antonio. At 12:40 o’clock of the afternoon of said October 13th, a message as follows was delivered to appellant at Mt. Vernon for transmission to San Antonio:

“Wfllis Morgan, Co. I, 359 Infy., Camp Travis, San Antonio, Texas. — Ruth is not expected to live unless change in condition.…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. LuckTexas Supreme Court · 1897
  2. Horn v. Western Union Telegraph Co.Texas Supreme Court · 1918

3Cited by2 opinions

  1. Western Union Telegraph Co. v. JohnsonCourt of Appeals of Texas · 1920
  2. Texas Blue Bonnet Oil Co. v. W. C. Jones Drilling Co.Court of Appeals of Texas · 1921

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