
    WESTERN UNION TELEGRAPH CO. v. JENKINS.
    (No. 2500.)
    (Supreme Court of Texas.
    April 18, 1917.)
    Error to Court of Civil Appeals of Second Supreme Judicial District.
    Action by J. E. Jenkins against the Western Union Telegraph Company. Judgment (152 S. W. 198), affirming judgment for plaintiff, and defendant brings error.
    Affirmed.'
    N. L. Lindsley, of Dallas, and Ed. J. Hamner and Geo. T. Wilson, both of Sweetwater, for plaintiff in error. Royall G. Smith and W. P. Leslie, both of Colorado, Tex., for defendant in error.
   PHILLIPS, C. J.

This is a companion ease to Western Union Telegraph Company v. Tucker, 194 S. W. 130, this day decided, the suit haying been instituted by J. E. Jenkins for damages suffered by himself and wife on account of the neglect of the Telegraph Company to deliver the telegram set out in the opinion in that case, announcing the death of their grandchild. The facts of the two cases are substantially the same. Our ruling in the Tucker Case is conclusive of the material questions involved in the present case, and a further discussion of them is unnecessary.

The judgments of the District Court and Court of Civil Appeals are affirmed.  