Western Union Telegraph Co. v. Johnston
Texas Commission of Appeals
Error to Court of Civil Appeals of Fifth Supreme Judicial District. Action by P. A. Johnston against the Western Union Telegraph Company. A judgment sustaining a general demurrer to the petition was reversed by the Court of Civil Appeals (167 S. W. 272), and defendant brings error.
1Opinion of the CourtTaylor, J.
This suit was for damages for failure of the Western Union Telegraph Company, defendant, to promptly deliver to the plaintiff, P. A. Johnston, a telegram announcing the death of his mother, whereby he was prevented from attending her funeral.
The message is in the following language:
“Gamer, No. Carolina, Dec. 25-12. “P. A. Johnson, Dallas, Texas.
“Mother died at 6:30 p. m.
“[Signed] H. Rand.”
The petition contains the usual allegations of the filing of the message by the sender, its reception by the agent of the defendant, and the payment of the customary charges. It further alleges that, had the…
2Cases cited15 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Western Union Telegraph Co. v. LinnTexas Supreme Court · 1894
- Western Union Telegraph Co. v. MooreTexas Supreme Court · 1890
- Western Union Telegraph Co. v. EdsallTexas Supreme Court · 1889
- Western Union Telegraph Co. v. MotleyTexas Supreme Court · 1894
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3Cited by4 opinions
- Austin v. De GeorgeCourt of Appeals of Texas · 1932
- Western Union Telegraph Co. v. MobleyCourt of Appeals of Texas · 1920
- Western Union Telegraph Co. v. ShawTexas Supreme Court · 1944
- Miles Realty Co. v. DodsonCourt of Appeals of Texas · 1928