194 S.W. 130 | Tex. | 1917
The suit was one for the recovery of damages suffered by Mr. Tucker's wife through the failure of her father and mother, Mr. and Mrs. Jenkins, to attend the funeral of her child, due to the telegraph company's neglect to deliver a telegram announcing the child's death.
Mr. and Mrs. Tucker lived near Clarksville. Mr. and Mrs. Jenkins lived near Colorado City. Following the child's death the Tuckers caused the following telegram to be delivered to the telegraph company at Clarksville, on August 16: "Sterling Dosier, Colorado, Texas: Tom Tucker's baby died today. If anyone can come, send telegram. (Signed) Sam Corley." Corley was a physician, acting for the Tuckers in sending the message, as he informed the telegraph company's agent at the time. Dosier lived in Colorado City and was accessible to the company. He was a relative both of the Tuckers and the Jenkins. The proof was that if he had duly received the message he would have at once communicated it to Mr. and Mrs. Jenkins, who would have immediately gone to Clarksville, where they would have arrived at 4:30 p.m. on August 17th; and upon receipt of any word that they were coming, the funeral would have been delayed until their arrival. The message was not delivered to Dosier at all.
With the telegraph company having distinct information that the message was sent for Mr. and Mrs. Tucker (Western U. Tel. Co. v. Broesche,
Under the proof, there can be no doubt that any inquiry by the company would have afforded it knowledge that the message was intended for Mr. and Mrs. Jenkins, and, accordingly, of their interest in it. It was not necessary that the message give the company distinct notice of their relationship to the child and Mr. and Mrs. Tucker. It was sufficient if its language was such as to put the company upon inquiry. Western U. Tel. Co. v. Adams,
The message in its language was not materially different from that in Western U. Tel. Co. v. Landry,
The judgments of the District Court and Court of Civil Appeals are affirmed.
Affirmed.