Western Union Tel. Co. v. Nations

• Decision Date: 15 December 1891
• Citation: 18 S.W. 709
• Parties: WESTERN UNION TEL. CO. v. NATIONS.
• Court: Texas Supreme Court

18 S.W. 709

WESTERN UNION TEL. CO. v. NATIONS.

Supreme Court of Texas.

December 15, 1891.

Commissioners' decision. Section B. Appeal from district court, Hopkins county; E. W. TERHUNE, Judge.

Action by Parthena Nations against the Western Union Telegraph Company to recover damages for failure to deliver a telegram sent by her. Plaintiff obtained judgment, and defendant appeals. Affirmed.

A. H. Field, for appellant. B. W. Foster, for appellee.

GARRETT, P. J.

Parthena Nations brought this suit against the Western Union Telegraph Company for damages consisting in injury to feelings arising from the alleged failure of the appellant to deliver a telegram to her son S. H. Perry, announcing the death of her husband. She alleged that she was deprived of the aid, consolation, and advice her son would have given her, and of his presence as a staff to uphold her in such a dire calamity, and that she was damaged in the sum of 40 cents paid for the transmission of the telegram, and in injury to her feelings. There was a plea of general denial by the defendant. No jury having been demanded, the law and the facts were submitted to the court, which rendered judgment in favor of plaintiff for the sum of $300. Defendant excepted and gave notice of appeal, and the case is before us for revision upon proper assignment of errors.

The findings of fact which were filed by the judge, so far as they are pertinent to this appeal, may be summarized as follows: Plaintiff was twice married. S. H. Perry, to whom the telegram was addressed, was a son by the first marriage, and resided in Sulphur Springs, Hopkins county. Plaintiff had been married to Mr. Nations about 20 years, and by him also had children. On November 6, 1887, she and her husband and their two children lived two miles from Anona, a railway station in Red River county, where defendant had a telegraph station. Defendant also had a telegraph station at Sulphur Springs. Mr. Nations died that day, early in the morning; and plaintiff sent Joseph Nations, her son, 17 years of age, and a neighbor, to Anona, to telegraph for her son S. H. Perry, and they immediately went, and delivered to defendant the following telegram: "Anona, 11/6, 1887. To S. H. Perry, Sulphur Springs, Tex.: Your step-father died this morning. MRS. P. NATIONS." They paid 40 cents for the transmission of the message, which was the regular price. Joseph Nations told the agent at the time that his father was dead, and that he wanted the telegram sent at once; that it was important that it should be rushed through at once. The message was sent at once, and was received by defendant's agent at Sulphur Springs by half-past 11 o'clock that morning, and he gave it to the messenger boy for delivery. There was a negligent failure to make a delivery of the telegram for several days. If the telegram had been delivered promptly, as might have been done, Perry could have left Sulphur Springs before 7 o'clock P. M. on November 6th, by rail, and arrived at Anona by 10 A. M. the next day. He would have gone to his mother at once. He did go on November 13th, when he finally received the telegram. Plaintiff had resided at Anona only a short time, and desired to bury her husband at their old home, near Blossom Prairie, in Lamar county. She desired her son to be with her, for the advice and consolation his presence would afford her, and to arrange and superintend the burial, and aid her in moving the corpse; but, failing to hear from him, she kept the body until late in the evening of November 7th, when she was compelled to bury it about dark on that day at Anona.

There are two questions presented: Was there any damage or injury for which the law would compensate Mrs. Nations? If so, was there anything in the message to indicate her desire to have her son with her, or that any action was to be taken by him?

Appellant violated its contract with Mrs. Nations promptly to send and deliver the telegram to S. H. Perry with all reasonable dispatch; and, for a breach of the contract, she was entitled to recover the sum paid to appellee for the transmission of the message and injury to feelings as actual damage, if the facts should show that such injury was occasioned as...