Western Union Telegraph Co. v. Smith
Texas Supreme Court
Appeal from Colorado. Tried below before Hon. George McCormick. This is an appeal from a judgment for $150 in favor of appellee Smith for negligent failure to deliver a telegram sent by the said Smith. The allegations in the petition are given in the opinion, which presents the only question discussed in the opinion.
1Opinion of the Court
HENRY, Associate Justice.
delivered to appellant the following message, to be transmitted over its wires:
“Merkel, Texas, October 31, 1886.
“To J. C. Ratcliff, Columbus, Texas, care of Simpson & Crebbs:
“Meet me in Columbus Saturday night.
[Signed] . “Frank M. Smith.”
Plaintiff in his amended petition charges that he is a merchant, a banker, and the treasurer of Jones County, Texas; that on the 31st day of October, 1886, he was at Merkel, and having important business with said Ratcliff, who resided in Colorado County, and being then on his way to said county to have a personal interview with him,…
2Cited by11 opinions
- De Voegler v. Western Union Telegraph Co.Court of Appeals of Texas · 1895
- Ricketts v. Western Union Telegraph Co.Court of Appeals of Texas · 1895
- Hendershot v. Western Union Telegraph Co.Supreme Court of Iowa · 1898
- Western Union Telegraph Co. v. ShenepSupreme Court of Arkansas · 1907
- Southwestern Bell Telephone Co. v. CookCourt of Appeals of Texas · 1930
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