The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-11-19

ana oo Ju$y Stte, :ISoss was stricken with
pareiysn mesea4u Wa Il once SENT
| " way * BssahAm. d 81 ssnt thence 81
tpcciai messenger 70 GAY Hill. twelve ,niies
dtatAnt, s1muAonlng her 10 her fathers aide.
Bseere the bearer " tho neasaaN rcauhSi
0ateevtlla thu father died. hut The n,es-
senkcr being ignor:lut u that fact asnt
tse messaxs. which was delayed BY rxAAon
- delay u getting Il out iron NrenhAm,
and plaintin fs5lsd to ", Il ID time Is ynke
ehS train OH the 18th Of July. BY reason
whereof che MAS Kept IN suspense tWentys
| iou,e 40 10 her fathers conditiua.
II wae admitted that n she had resolved
tho messa&c n time on tha 3Sth she would
have taken tho train and would have learn-
Cd niuetesn hours earlier a her fathers
death and burial, both OF which occurred
before she could In any event have been
present. SEES s6 sA,b
pialntitl's counsel. 8. II. Coodlctt ana
lion. bsAureea4u nryWa o. iirennaln, con-
tended that che suffered twenty Pour hpurs'
suspense, the time between trains. which
ny prompt doltvery she would have CO.
capped. Judge Norman u, -klttrell. for the
seiegrAph ccmIrny, contcndnd that the
tather'a Illness caused ner anxiety, since
such anxiety arose from the fear TINT he
might die. Thot II the fear OF death caused
her grief tho Relation Of sucn fear could
bat have destroyed the hoM shc had for
intensihcd her anguish, and had she re-
ceAved the tnessase promptly It would but
have hastened the destruction OF hope aud
| intensifcation Of grief and that the loss
OF opportunity 10 suffoy increased mental
anguish at an earlier hour did not oonstt-
tute ground for damages. tested by the
fundamental principles ct law. This con.
tcntion WAS ovcsrnlcd by the district court.
and the action OF IN, district court was
approved by tho court OF appeals At San
Antonio aud tho judgment for $1,000 af-
firmed, Judge kittrnll. Tor the telegraph
coinIaiiy. then carried the case by writ Of
error TO the supreme court, and after con-
sidering the case from October Is to Nos
vember H. 1t sustained the contention OF
tho telegraph company'H counsel aud TO-
yersed tho Judgment OF the district court
and OF tho court Of civil appeals and rem
dcrcd Judgment for tho telegraph company
that the plaintiff In the case take nothing
and pay all ccsts Of all courts.
II IN but Just 60 the able Judge Of the
dlstrict court, Judgs sinks. TO say that he
stated tho question was lpcst novel and
interesting one and he did not feel Justified
In directing verdict for defendant ~
| requested. and that the law could not bc
settled by new trial hence II was best
that tbs case should 80 70 tho appellate
tribunal. Tho holding Of the Russell case
is approved and reiterated.
The prceentmcnt Of a note TO receiver
OF tho bank at which was made payApic
Is held. IN Hutchison va, Crutchcr tTenn. },
| az l.. II. A, 80, 70 be properly made ~ the
place whero the receiver Ia executing his
trust. II that Is known, although u 70 rot
the place at which the bank Ia located,
whore both are in the same city
An express company delivering a pack
age Of money TO nm impostor who repre-
| MAJ y,a tha 1rto en- In
| Pacific EXP. Co. vs.. Shearer tIll.). ~ l.. II,
A. l77, to be not relieved by the fact that
| tho imp0etor teiegrnphed for tho money
| In the name Of tho consigncc, and hinir
sclf received the reply, although tho sender
Of tho money believed tho telegram came
from the person whose nanc was nixned 70
| IT, The authorities, which are somewhat
In conflict MS 10 the effect Of delivery BY.
CARRIER to an lmpostor, AFRO reviewed In The
note 10 tho case
A statute limiting the hours OF labor In
underground mnas. except In cases OF
emergency, where the life or property is
IN imminent danger. to eight hours per day
Ia held In Holden vs. Hardy tUtah). ~ l..
II, A. 1903. 10 be constitutional al an OK
erclso Of the police power.
An agreement TO establish railroad de-
pot at certain place In consideration Of
a Iikut vi why ~ nStus ~ ap~eb Suu ~
Co. va Scott &c. c. App. 9th CD. ~ l.. II.
A, "a, to he satisfied by maintaining the
depot there for thirty-Mx years, although
II In thin removed on account Of the ext
gencies Of business.
A creditor OF nm heir or Distribute "
held, IN Oxshecr w. Nave (Tex,). 81 l.. r.
A, Qs, TO have no better right than bis
debtor, as against tho estate. In respect
TO an offset. whether that Is secured by
lien ON Other property or not.
An snsanc dclusion liz held. in 70 Kim
berry Conn. 81 l.. II. A. 261. 10 be q false
ballet for which there II no reasonable
foundation. and which would be incredible
under tho given circumstances to the same
person II Of sound mind and concerning
which his mind 10 not opcn to permanent
correction through evidence or argument.
The numerous cases on the question what
constitutes insane delusions ARE collected
IT, note TO this case
First Dtstrfct.
Galveston. Texas. November 1s.--Pro-
ceedinss In the court OF civil appeals to-
day
Affirmed-wm. NJ Fishback W. j. l..
Page ct al, from Galveston; Queen Insur-