Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-11-13
THE COURTS.


peals-lcoer Courts.
CIVIL COURT OF APPEALS.
Western Union Telegraph company VI. w.
A Evans; appeal from Cook county. AZ.
pellee delivered "a telegram TO operator AZ
Gainesville to he sent To A q Evans Nj
vernon, Tex, which read as follow. Go
10 Henry Simpson aud get $50. you and
your mother come; Luther better" Appel.
lhhts agent was Informed Of the import
anee or The message and that IN reality
Luther lson of appetizer was In adying con
duUn- but The telegram was so worded 10
assuage the distress Of the mother Tho
message was recelved nj Mt Vernon On thn
morning or the same day, hut not delivered
until the next day, owing TO the parties
llNihg three miles ~ tho country. Special Zee
was deposited ~ the eondmg office TO cover
cost of special delivery OF which. Il appears.
agent AT thc other end was moi notified IN
tine Their was nlso an arrangement made
with tue Mount Vernon agent. by tile party
10 whom the telegram was sent 10 lelivar
any telegram to n lady living near the office
who would forward same to him. which was
1orsottcn by the agent. The delay prevented
The mother from s"rpn her only hoy while
he was alive. Verdict for $1,000. Hold-lhe
petition stated that Luther constantly called
lur MS mother before dying, To which de-
fen'nWt tNccnted AMI court nvcrrtlrl rN-
ceptlon. The action OF the court was cor
rest he moihrr's anguish may have been
Increased by the knowledge that her son
desired TO see her IN his last hours II was
not material, however, us 10 evidence was
introduced sustaining tho allegation. Appel
liant complains that court erred IN refusing
Inn,sg tnnt nIlssllhnl Nus hoi IeVulltu
80 la '.ti i''' " h'll''4s .lilllH1 ul
- ~ sP..,u .i'npccNNulnu was lehu.Feu,hlu
sage 10 reach Mount Ncrnn before regular
,Niusn"s "VnS, u With hpl p' SuliE ol wv,
iis'l1,v; N"ul - > Snhrte. wa ll l'ul 'Nulu
excessive damages Is The turning nolut In
This case. No doubt tile mothers anguish
mus -.cl'' nu, w silhil3E cis. ~" su-
pI'ihe V"ull htiu lnal nANl'l OF St"y NAs
sun ul' uulInni w 10 suo'h s,hsr 81 JUS.
49, allu V1h, iuq.'i tuHi u WIS 'ly tr'nt Vi
pNNslpl allu pt']uu'r, ~, i'S" ,N-l lHIt-
m'hi itfNa'u anu r'lmhucu. oplhtuh 10y
h'i'' d.
-
MlHlAw muller et III vs. me Nlly OF hcn-
g. 'i- AWf!l iIuh SfaAriu trhhiN lnla
s.ll NJ. IL"ughi N appellants hsmust tue
hpF'l'NN lh TIE uNlflti court OF 'uuNsou
county 10 vl4Wn tolru'lnu .uccrmm inNts
U.s. wv Nicl w ,W,r.evs ihl.u,l
was tenn orarily granted, nut an tluul hear.
over 'Ni." i4HHpliAnls A'h MnS oIEhutA.,l
ulw,H LlH ~ Mii'y ~ 81 h"Nsru htui
utes' Mhlch pfoNlue tnot 'lues mNus more
nun iV~i ihhlhltnlt- may levy aSsrss ana
collect Sueh taxes as may ne authorized ny
NV, WV y" tuN tol any puIlnse shal ever
De levied Tor any one year winch ahAh eN-
'tel = ~ per, Sthl or me taAhnlt properly
OF Aucl eii!, Ih' oruluane', OF pyhlrou le'
latlng 70 taNcs among other Things pre-
scrlbes that tax Of u Of per cont for
imprWihg SiftctS, rir, snail lir levied, winch
appellants earn was pMuhlN without hu
ihoHlf ~ 80 tlr ~ " lhciudtd ihc use OF
that purpose ALREADY having hecu provided
Tor 10y ordinance, Nhlch united n 10 ili Au
Nalutoin 81 - cents on ihr SIM AppNihhu
| iWiltf .lahn mat laA OF ~ OF Der ecu
Ior P'linE ouis,hnulhg unaluk inuoI ~
| uNss Ulrthi hegN. ~ Was ih,uifvl l9l
"cuirent expenses Tor which the city Il