Burgess v. Western Union Telegraph Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Jefferson. Sallie Burgess sued the telegraph company and obtained a judgment which, on defendant’s appeal, was reversed and judgment was rendered for appellant. Thereupon she obtained writ of error.
1Opinion of the Court
DENMAN, Associate Justice.
This suit was brought by Miss Sallie
Burgess against the company to recover damages for its alleged negligent delay in delivering to her uncle Hufham a telegram sent by her from New Orleans, La., to him at Beaumont, Texas. The company pleaded under oath “that the contract alleged to have been made with this defendant was made, if at all, on June 30, 1896, and that before bringing this action no notice was given within sixty days to this defendant of any claim for damages, as condition precedent to said suit, though said original contract which was made in the State of…
2Cases cited2 opinions
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1898
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
3Cited by19 opinions
- Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
- Grace v. Orkin Exterminating Co.Court of Appeals of Texas · 1953
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Wylie v. HaysTexas Supreme Court · 1924
- Abeel, Ind. v. WeilTexas Supreme Court · 1926
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