Western Union Telegraph Co. v. Midgett

This suit was brought by Mrs. Susie Midgett, joined by her husband, D. D. Midgett, against the Western Union Telegraph Company for damages for the alleged negligent failure to deliver to Mrs. Susie Midgett a telegram advising her of the death of her father, and requesting her to come at once. The telegram was as follows:

"Cuero, Tex., May 19, 1921.

"Mrs. Susie Midgett, Route A, Box 154B; Houston, Texas: Your father is dead. Come at once.

[Signed] J. A. Newman."

Plaintiffs alleged that defendant undertook to transmit the above message from its office at Cuero, Tex., to its office in Houston, Tex.,…