Western Union Telegraph Co. v. Elliott

FINLEY, Associate Justice.

Statement.—Early in the morning of April 29, 1891, the sister of appellee delivered to appellant’s agent at Temple, and paid for the transmitting thereof, the following telegraphic message to appellee:

“Temple, Texas, April 29, 1891.

“To James Elliott, care Lou Elliott, SIS Hawkins street, Dallas, Texas: “Your mother dying. Come at once. Your sister,

“Laura Brown.”

On the evening of the same day, between 3 and 4 o’ clock, there was delivered to Lou Elliott, wife of appellee, at their residence in Dallas, 313 Hawkins street, by appellant, a sealed message, addressed to “…