Westers Union Telegraph Co. v. Cooper

Citations

• 71 Tex. 507
• 1 L.R.A. 728

Syllabus

<p>1» Injury to Feelings Actual Damage.—Injury to feelings, caused by a negligent failure to deliver á telegram relating to domestic affairs, is an element of actual damages.</p> <p>2. Degree of Negligence. — If the inexcusable negligence of the servants of a telegraph company is found to be the proximate cause of injury, damages may be recovered without regard to the degree of care disregarded in the negligence of the employes.</p> <p>3. Parties—Husband and Wife.—The husband is the proper party plaintiff in an action for personal injury to the wife.</p> <p>4. Still Born Child.—In suit for damages, resulting from injury to wife, the death of a still born infant and grief of the mother occasioned thereby, could not form any basis for or element of damages.</p> <p>5. Damages.—A husband’s mental suffering caused by his wife’s condition could not be shown to increase the amount of damages. The direct injury is to the wife, and a second recovery for the husband’s anxiety occasioned by her suffering can not he allowed.</p> <p>6. Expert Medical Testimony.—A physician, shown to be an expert, may give in evidence his opinion whether a still born child could have been born alive if he had received medical assistance in time.</p> <p>7. Same.—If the death of the child aggravated the mother’s illness it was a subject of inquiry into extent of and the injury to the mother thereby increased.</p> <p>8. Hearsay.—Contents of dispatches between the operatives at the two points (of sending and delivery) touching the circumstances and not communicated to the sender, are not evidence of the truth of such messages.</p> <p>9. Replies to Messenger.—The replies made to the messenger with a telegram made at the office of the party to whom the telegram is directed, touching his whereabouts, are admissable upon issue of negligence on part of the telegraph company in delivering the message.</p> <p>10. Charge.—A charge referring to the operator as chargeable with the duty of delivering the messag