Western Union Telegraph Co. v. May
Court of Appeals of Texas
Appeal from Williamson. Tried below before Hon. F. G. Morris. 1. The original message as filed for transmission being plainly addressed to Mrs. G. M. May, instead of to Mrs. G. W. May, as alleged in the petition, was improperly admitted in evidence, over defendant’s objection that it varied materially from the message described in plaintiffs’ petition; and when the confessedly correctly transmitted copy thereof was offered, wherein the said variance was rendered manifest…
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Appeal from Williamson. Tried below before Hon. F. G. Morris. 1. The original message as filed for transmission being plainly addressed to Mrs. G. M. May, instead of to Mrs. G. W. May, as alleged in the petition, was improperly admitted in evidence, over defendant’s objection that it varied materially from the message described in plaintiffs’ petition; and when the confessedly correctly transmitted copy thereof was offered, wherein the said variance was rendered manifest beyond legitimate controversy, as the court was then bound in law to judicially know, and as was manifest by inspection of…
1Opinion of the Court
KEY, Associate Justice.
1. Appellees instituted this suit against appellant to recover damages for negligence in the delivery of a telegram, alleged to read as follows:
“Alvarado, Texas, December 2, 1891.
“Mrs. G. W. May, Taylor, Texas:
“Come at once; mother’s dying. “Henry.”
2. Counsel for appellant concede in tlieir brief that the objections urged against appellees’ petition can not be maintained without overruling a line of cases, beginning with Stuart v. Telegraph Company, 66 Texas, 580, which permit a recovery of actual damages for mental anguish caused by a failure to deliver a telegram in…
2Cases cited5 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Baker v. AsheTexas Supreme Court · 1891
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Western Union Telegraph Co. v. MooreTexas Supreme Court · 1890
- Western Union Telegraph Co. v. NeelTexas Supreme Court · 1894
3Cited by8 opinions
- Davis v. Western Union Telegraph Co.West Virginia Supreme Court · 1899
- Cates v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
- Western Union Telegraph Co. v. VanceCourt of Appeals of Texas · 1912
- Sweet v. Postal Telegraph & Cable Co.Supreme Court of Rhode Island · 1901
- Western Union Telegraph Co. v. WeeksCourt of Appeals of Texas · 1910
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