Western Union Tel. Co. v. Garrett

• Decision Date: 17 February 1896
• Citation: 34 S.W. 649
• Parties: WESTERN UNION TEL. CO. v. GARRETT.
• Court: Texas Court of Appeals

34 S.W. 649

WESTERN UNION TEL. CO. v. GARRETT.

Court of Civil Appeals of Texas.

February 17, 1896.

Error from district court, Tarrant county; S. P. Greene, Judge.

Action by R. S. Garrett against the Western Union Telegraph Company for damages for negligently failing to deliver a message. From a judgment in favor of plaintiff, defendant brings error. Reversed.

Stanley, Spoonts & Meek, for plaintiff in error. Ball & Tempel, for defendant in error.

HUNTER, J.

This suit was filed by defendant in error on the 13th day of April, 1894, against plaintiff in error, for negligently failing to deliver the following message: "Joshua, Texas, Decr 23, 1892. To R. S. Garrett, Park Avenue, Fort Worth, Texas: Come at once. Papa is dying. [Signed] Hiram Powell." The message was delivered to the telegraph company's agent at Joshua, about 20 miles from Ft. Worth, at 1:30 o'clock p. m., of December 23, 1892, and the sum of 25 cents was demanded by the agent, and paid by the sender, for its immediate transmission and delivery at Ft. Worth. It was a day message. The evidence discloses that the word "papa" referred to James W. Powell, who was the sender's father, and stepfather to the addressee, plaintiff in this suit; and that the plaintiff had been reared, cared for, and educated by the dying stepfather from early childhood until he was 21 years old, and that the relations between them were very tender and affectionate, as much so as exists between a father and his natural son. The telegram was not delivered to plaintiff until the morning of the 24th, and by reason of its not being delivered on the afternoon of the 23d, as it should have been, he never reached his stepfather's bedside until about 3:20 o'clock p. m. of the 24th, and about 45 minutes after his death. It was proven that the company's manager at Ft. Worth was well acquainted with the plaintiff, and knew where he resided and where he worked, and that he was at home and at his place of business all day and night of the 23d; and, if the message had been delivered on the afternoon of the 23d, he could and would have taken the regular Santa Fé passenger train for Cleburne at 8:45 p. m. of that day, and could and would have arrived at his stepfather's the next morning early, and could and would have been with his stepfather several hours before he became unconscious and died. There is much evidence in the record showing the very dear and affectionate relations that existed between them.

On the trial, the...