Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-18
COURT OF APPEALS.
Ish Of Decisions Rendered in the Fort
Worth District

l0. Western Union Telegraph COM
N and Gulf, Colorado ana santa he
lFhy company, appellants, vs.. q. H.
UPS, appellee. Appeal FROM the dls-
& court OF Cook county,
CONCLUSlONS OF FACT.
as ume In 1851 appellee win ms
~ he being then 4 citizen aud resi- ,,
lnalan territory and engaged In farm
On a claim purchased from parties
hg there. Early IN June, 1883, 0p'
|fs wife, who had consumption
" her fathers house M
II PalO Pinto county IeAus,
4 appelee anticipating that she might
worse arranged with bis fniherin-
J. c. Strickland. TO telegraph him
Nh this occur. On June "a, 1855, u
riekland delivered 70 his son, j. u,
Ahnd, 10 be taken TO the telegraph
and sent 10 appellee tue iVhowihs
'.sonto, Texas, June "a. 1883
2. l., Phillips,
gH wife is much worse. Come at
red ~. Q. STRICKLAND
leegraln was written ON piece Oh
NJ paper and at the bottom thereOt
Written the words 'send In care OF
lasler.' J, ii. Strickland al about
"a. VI the 24th OF june deINereu
A'ssage 10 the agent OF the western
~ Telegraph company at Santo and
lM the regular day charges, Sl'OV,
n transmissiOn. The agent " sal9
spA company IN the presence OF hihd
n strickland transcribed the messhBe
yAs 81 the company's blanks anu saa
lshl read ~ over after y was ~
4 ADed. Al the mead of the blank
Ameh the message was 20 umsierIeu
other supulRtions was printed the
ug The company will not De NJ
manages In any case Whefe the
n y ROT presented In writing Mlthln
uays after sending the message
sS on which the message was De
w 70 the telegraph company as hIore
~ sunday ana its Office hours AZ
w auid day were nom 10 10 a. M
.eA TO y. IN Tie agent OF the
-slu company at SantO started ths
~ uoin that place al $40 y, m Oh
w VI us rcceipt and II reached NAL
Nv ut oa4 b, M, over the me o.
Ls's oli any Inc message remlneu ~
Nty all night anu left there az
~ S.Ji a. IN, and from there y
SNt 70 Purcell over line Operated
~ Alchlson, Topeka and santa re
" company and from Purcell 10 ara
K TeF the line OF the appellant the
~ SNQrado and Santa re company
M fugcdl O few mo .ents atler
~ ARKANSAS City. AT the ume the
~ len aanto another message was
ti W the operator 70 the agent al
N -1Neilng station as fellows;
,sAe OF today and mail same az
S slSe Tor delivery" ,,
vas the name OF the agent At
seent Of the Gulf. Colorado aud
49, ny Ardmore upon receiving the
an, lLAae no effort a. deliver Il either
4 ,h az the pOstoiice or Otherwise
~ no Partnership or contract re-
~ Tween The Western Union Iele-
NM, APany aud the Gulf Colorado
messol hallway company az the unt
IN. ,te Wes received By the former
|ssa,e.N .lsiaiasiou aud delivery Of sueh
III ~ Ald II WIS stipulated upon the
|tfe uch tie message woS trans.
! loier. apoye set forth as follows; Ana
.eoa N hereby made the agent OF
slfe ~ Without liability 10 forward any
sAet TIE lines 81 any other con-
n Vstn heeesssry 10 reach It's destnn-
Ae WI the message left the hAnen
Sslefn Union AZ Arkansas Ciy
ets,l paid 10 the connecting nne
II M iof It's transmission from haiQ
\ "a a. SsiiQre, The Gulf Colorado and
|.Else ANYWAY company rgcclve1 une
NJ iprcell 10 De transmitted %
r lAi.t. ~3th q which places are ia
VA .i.saW nation Indian Territory
ciiop s,A upon the trial THAI the con
dd laws OF the Chickasnw az
~ 49, authorize the bringing u suits
VS. ~ that natiJu FOR the col.
y - 0sels or recovery % daulAgfN
'llae Y, galmeq Ia this case and me
-. gtes of that nation was intro.
~ laence with Others, 70 WI
gi.i n -RpfeFei Oct ~. 1915. De ~
'Ae legislature u the CAlltkaaaw