Gulf, Colorado & Santa Fe Railway Co. v. Wilson

Citations

• 69 Tex. 739
• 7 S.W. 653
• 1888 Tex. LEXIS 930

Syllabus

<p>a. Negligence — Telegraph Company, — The failure of one who pays a telegraph company to transmit a message, to have the same repeated, will not exempt the company from damages resulting from its failure through negligence to have the message delivered. And this, though the printed matter on the blank furnished by the company and on which the message was written, contains a stipulation that the company will only be liable for the amount received for sending the message, if delay should occur in its delivery, unless the message be repeated. The rule is otherwise when the action against the company is for error committed in transmitting the message.</p> <p>1. Negligence. — Negligence in a telegraph company, without regard to the degree of such negligence, will render such company liable for actual damage resulting from its failure to deliver a telegraph message.</p> <p>3. Practice. — An assignment of error should be copied in a brief in connection with the proposition predicated on it.</p>