Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1897-11-25
THE HIGHER COURTS.
Full Text of the Decision in the Case Of
Edmundson VS.. Western Union
Telegraph Company.

November II decided a case con-
corning the law relative to the
recovery of damages for mental
anguish resulting from the failure
to promptly deliver a telegram,
which grew out of rather a unique
state of facts and involved an in
teresting question of law.
Mrs. Edmundson of Washington
county, by S. H. Goodlett and
Hon. Beauregard Bryan, her at
torneys, set up in her petition in
the district court of Washington
county the following facts in
substance, viz: That her father
was stricken with paralysis July
81, 1894, and her mother so mott
fed her by wire and called her at
once to Clifton, Bosque county,
the nearest railroad station. Be-
fore the messenger who carried
the message to Gatesville, the
sending office, reached that point
plaintiffs father died, but the
messenger, being ignorant of
that fact, sent the message to
Brennan, from whence it was to
be sent by special messenger
twelve miles in the country, and
it was alleged it should have
reached plaintiff in time to have
taken the train at Gay Hill about
II m. of the 18th, but it did not.
The evidence developed that if
the message had been received
as it was alleged it should have
been, the father would have been
dead and buried before plaintiff
could possibly have arrived.
Hence her claim for damages
rested on the fact of being kept
for twenty-four hours in sus-
pense as to her fathers condi-
ton. 1t was further shown that
had she received the message in
time she would have learned nine
teen hours earlier of her fathers
death and burial than she actual
ly did.
Judge Norman G.. Kittrell' for
the telegraph company, on this
state of proof contended that the
facts did not state ground of
recovery for these reasons: Be-
cause the illness of her father
caused grief and anxiety least he
might die. If apprehension of
death so caused grief = then
realization of death could but
have intensified grief, and if she
had received the message in time
it would have but operated to
hasten destruction of hope and
intensifcation of grief, and that
the loss of opportunity to suffer
increased mental anguish at an
earlier hour did not, tested by !
the fundamental principles of
law, constitute a ground of re-
covery. Hence he asked a charge
verdict for defendant,
which charge was refused, and a
verdict for $1,000 having been
rendered, a new trial was refus-
ed. The trial judge, Hon. E. R.
saying he could not settle
the very interesting legal ques-
ton by a new trial, but would let
the case go up to the higher
courts. The court of civil ap-
peals at San Antonio affirmed the
Judgment of the lower court and
in its opinion Gao S. W. Rep,
622,) said in substance that the
contention of counsel for the tele-
graph company presented psy-
Geological problems the solution
of which should find no place in
the courts of the country.
The telegraph company pro-
cured from the supreme court a
writ of error, and on final hear
ing the latter court reversed the
judgments of both the district
court and court of civil appeals,
and rendered judgment for the
telegraph company, thus holding
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