Ligon v. Western Union Telegraph Co.

• Decision Date: 13 May 1907
• Citation: 102 S.W. 429
• Parties: LIGON v. WESTERN UNION TELEGRAPH CO.
• Court: Texas Court of Appeals

102 S.W. 429

LIGON v. WESTERN UNION TELEGRAPH CO.

Court of Civil Appeals of Texas.

May 13, 1907.

Appeal from District Court, Smith County; R. W. Simpson, Judge.

Action by R. E. Ligon against the Western Union Telegraph Company. From a judgment for defendant, plaintiff appeals. Affirmed.

W. H. Hanson and Lawnie Robertson, for appellant. Young & Stinchcomb, for appellee.

REESE, J.

R. E. Ligon instituted this suit to recover of the Western Union Telegraph Company damages for negligence in delivery of the following telegram, sent from Joplin, Mo., to his wife, Mrs. Visie Ligon, at Tyler, Tex.: "Joplin, Missouri, Feb. 27, 1906. Mrs. Visie Ligon, 126 South Gregg St., Tyler, Texas: Walker killed. Answer if you can come. [Signed] R. Thrieldkeld." The Walker referred to was the brother of Mrs. Ligon, and it was alleged that on account of the negligent delay in delivering the telegram to Mrs. Ligon she was not able to be at the funeral and burial of her brother, whereby she was caused to suffer mental anguish. Among other defenses, defendant pleaded that under the laws of Missouri no recovery could be had in such cases as that presented for damages for mental suffering. It was also pleaded that the message was received at Tyler, Tex., after office hours, and was delivered as early as could be reasonably done the next morning. Upon trial by the court without a jury there was a judgment for defendant, from which plaintiff appeals.

The trial court found, as conclusions of fact, that the message in question was delivered to the operator at Joplin, Mo., at 8:35 p. m. February 27th, and was received at 8:53 o'clock p. m. on the same day at Tyler, Tex., but came addressed to Mrs. Visie Logan; that it was delivered to Mrs. Ligon at 8:50 o'clock next morning; that the defendant had established office hours for the reception, transmission, and delivery of messages from 8 o'clock a. m. to 12 o'clock m, from 1 o'clock p. m., to 6 o'clock p. m., and from 7 o'clock p. m. until 8 o'clock p. m.; and that these regulations were reasonable. It was further found that if Mrs. Ligon had taken the first train leaving Tyler en route to Joplin after the receipt of the message, which left Tyler at 12:55 p. m. on February 28th, she would have arrived at Joplin in time to be present at the funeral and burial of her brother; also, that under the laws of Missouri damages for mental anguish resulting from failure to deliver telegraph messages were not recoverable. No objection is made to these findings.

As conclusions of law the court found that the misdirection of the message was negligence, and that, if it had come properly...