Western Union Telegraph Co. v. Ayers

REESE, Associate Justice.

Mrs. M. E. Ayers brought this action against the Western Union Telegraph Company to recover damages for negligence in failing promptly to transmit from Sour Lake and deliver to her in Bay City a telegram from W. E. Ayers, her son, as follows:

“Sour Lake, Texas, November 11, 1903.

Mrs. M. E. Ayers, Bay City, Texas.

Frank breathed his last at one o’clock.

W. E. Ayers.”

It is alleged that by reason of the failure on the part of defendant to use due diligence in the transmission and delivery of the telegram plaintiff was deprived of the privilege of being present at the burial…