Western Union Telegraph Co. v. Vickery

The statement of the case made by appellant is not contested by appel-lee, and we take it to be correct and adopt same, viz.:

“Plaintiff, E. L. Vickery, sued the defendant, Western Union Telegraph Company, alleging that he had suffered damage in the sum of $1,999.99 as the result of the failure of defendant to deliver to him a message filed at Hico, Tex., and reading as follows: ‘Hico, Texas, 2 — 21—11. E. L. Vickery, 2713 Gaston Ave., Dallas: Brother will be buried here Wednesday. A. A. Vickery,’

“The plaintiff alleged that the sender of the message was his brother; that he had another brother…