77 Tex. 245 | Tex. | 1890
This action was brought by defendant in error to recover of plaintiff in error damages for an injury to the feelings of his wife, alleged to have resulted from the failure of the company to deliver to her a telegraphic message informing her that her mother was dying. It was claimed that by reason of the failure the plaintiff’s wife was deprived of the opportunity of attending her mother’s funeral, and that she was thereby caused great mental distress.
The message was directed to “ Mrs. H. Young, care of W. R. Henry & Co., Fort Scott, Kansas.” The evidence showed that Mrs. Young did not receive the dispatch until it was too late for her to reach the place of her mother’s death before the burial. But there was evidence to show that on the morning of the day it was received for transmission it was delivered to W. R. Henry, of the firm of W. R. Henry & Co., and that he declined to forward it and handed it back to the messenger.
The other questions presented by the brief of the plaintiff in error have been so frequently decided by this court adversely to its contention that they require no consideration.
For the error in the charge of the court which we have indicated, the judgment is reversed and the cause remanded.
Reversed and remanded.
Delivered May 9, 1890.