Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-18

nation that as there never has been any
law for the collection OF debts from the
nation or from individuals, Il Is hereby
enacted That no courts or tnis hauo no. e5 spe
ed upon the records OF said courts except
bonds and fines and such other indebted
ness as provided by the laws OF THIS ma.
ton" II was not shown that " was not
legal 10 make contracts Tor the trans'
mission Of kilograms Ia the nation but "
WAS shown that no action would ne IN
the courts or such nation 10 recover ,NH39ii in,
pges for q breach OF such contract Mniu
remedies N any, parties had under ire
laws OF that nation for the preach ol
ordinary contracts does not satisfactory
ANA was buried the next day but by
reason OF the failure 20 deliver the mesenRe
aforesaid he did -l9t hear Of thlE unlh
about the 4th OF July following Wien 10
and he Immediately went 20 hnnto, Out
AID not learn that a telegram had been
sent him for some ten days ueftalltl.
Had be- received the telegram either ga
Inc 25th or 2Gth Of June be- could and would
have reached his wife before her death.
AT the hme tho telegram was received ht
Ardm0re by the operator appellee hvel
som ton mileg Ia the country. but he had
arranged with the postmaster 20 senu MN
the telegram Immediately upon ~ receipt
Upon the trial In. me court below. M, the
the Jury. ind FOR the plaintiff the SUN Of
5000 against the Gulf Colorado and Santa
lie Railway companyi also 5000 aghlnei
the Western Union Ielegraph S1npaef
the Western Union Telegraph compnny was
guilty Of negligence IN not SEEMING tns
message from Sento until 6;23 y; M, on
the day on which II WAS received 9n1 IN
hol9ipg the message AL night o. Kansas
civ and II establishes that the bulit
Colorado and Santa Fe Railway coulp9ly
was guilty Of negligence IN n9t geiNettils
the message after i was received at Ard,
moro. Ii ls not shown py me eEluohc'
whether the agent ~ the last nhnel con-
pany would have made any enort 70 ue'
liver the message had Il been received ON
fhe precsedlng day. nor Is II clear from
me sgidencs that the message could have
been Cotton through to Ardm9fe on tn1i,
day. The amount Of me 's elSe claim N for
damages was not presented by hpptueu
until after the expiration Of sixty GAYS
from the date % tho message bnt WE ,.s
presented within KY days httef apPeh'e
learned that it hau been Sent
OPINION.
upon the trial below the court instruct.
al lie Jury chat the sixty days WitWu
which 20 make demand 10y appeleht ~.
bls damaces would noi pekih TO tuH
against him until the message WIS ue.
oTed 10 him on fr0m tho date whom. Tor
fbe hrst time he learned, or on the tArt-
eise Of reasonable diligence nouln hufs
learned, that such messNse hll oesn ~.
M him" nnd the telegraph COMPANY cvilr
Mains iu rs ninth assignment o. the WV-
~. ~ flfs charge We believe this charge
~ Inc court was erroneous. we 90 roy
however. think that thig liritauon huhl
M All eases date from tlIf ,epeng q ~
~ ss1 ~ Int Where knowledge Of me
a,5ine ~ the message a. received ~ tne
nieinti6 long enough before the e1pfa'
sion ~ nc sixty DAYS after i Wgs Henl
"a enable him with reasonable cih5else
no make claim FOR damuge1 as caliea ~
M fhe confrrct be would pc fegwttN
DO 30 within uat TINE anu ,ii,er
eyidenee makes II doubtful o. 20 WIFE,
~ nof sueh reasonable tine reinained hltir
,ob messaae was forward ~ u elAelt
tbts ~ - done the question hhouln W
snbrnitfed 10 the jury under alll'ia.H wv.
,nstructfon In several cases Wurff 49,
was no conflict IN TIC eHieene, NJ, ~ 7,
~ mia state have bed such supnlaii1ls
o.ntraets Of tiis Mind 10 be reatonhn
w question ~ Jaw. TeeerHp9 eeiap".s
~ "cnlberzon 70 Texas, 6i; lfsier IVY.
rho Telorranh cuWnany, - ltAl plHi
Ne we as not understand any 81 h.n
eeess 10 bold that Where Dr.. ~
Va no time called for IN me ce.ii,, .l,,i,.ss
on 49, b.fOre the injured party neqnlfea
,,n.e,,ie AGO " fiie fact thar the CT ~ -
~ Moan cent him The jury NQul ~
lln5 .rIged 10 fud such supuintvs "
a..av,,,,sss.nabie as applied % tnr -
mar particular CAGE lsWiI. g.t .see ~
,n I'll ree sonef opinion w Ne ,tee
r.s6r VI tho Western Iuion ~ w
deh,nspv qs Federal reporter st-
.l4e \ ulainnU WIN a
w. A., ~ rnnea IN the oQnnir. gro i-,1
sr'+ae,1snents irreriani ~ NJ ee.t.e. r.
liant 10 Ms correartletNi ~ n,.s .eiaa
,saxes as aairess ~ The telesfahn N
itAt~ rer4etflly ~ Ms ieie. n
~ tI thsra IL n0fhinF Tor hi'N
lttFl-lt t-,--trtrnv ffiffa fha z. NN -.
80 thera a. no srch mar % tAs
fbeg drop the n'aiiefi