Western Union Tel. Co. v. Rains
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. J. C. Russell. This suit was originally instituted in a justice’s court, precinct No. 1, Nueces county, against the Western Union Telegraph Co. by W. S. Rains and his brother for $198.90; the demand being presented in the nature of an open account and sworn to as required by statute. Exceptions to the action in this form having been sustained, they brought suit in form of petition.
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Appeal from Nueces. Tried below before the Hon. J. C. Russell. This suit was originally instituted in a justice’s court, precinct No. 1, Nueces county, against the Western Union Telegraph Co. by W. S. Rains and his brother for $198.90; the demand being presented in the nature of an open account and sworn to as required by statute. Exceptions to the action in this form having been sustained, they brought suit in form of petition. W. $. Rains sent the following message to Chas. Stephens at Mineóla, Texas: “ Where is John D. Rains? Please answer immediately. Paid here.” By reason of the failure…
1Opinion of the Court
Stayton, Associate Justice.
There are fatal objections to the proceedings had in this case.
The contract under which the message was sent contained the provision that “The company will not be liable for damages in any case where the claim is not presented in writing within sixty clays after sending the message.”
Claim was not made within the time prescribed as required by the contract.
Agreements of this charater are held to violate no rule based on public policy, and to be reasonable and obligatory. Young v. W. U. Telegraph Co., 65 N. Y., 163; Wolf v. W. U. Telegraph Co., 62 Pa. St., 83; Ripley…
2Cases cited2 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
3Cited by13 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Taber v. Western Union Telegraph Co.Texas Supreme Court · 1911
- Lester v. Western Union Telegraph Co.Texas Supreme Court · 1892
- Western Union Telegraph Co. v. CulbersonTexas Supreme Court · 1890
- Western Union Telegraph Co. v. DoughertySupreme Court of Arkansas · 1891
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