Court of Appeals of Texas January 28, 1920, No. 2177. [fn*] (MacKay Telegraph & Cable Co. v. Martin)

DEYY, J.

(after stating tbe facts as above). A peremptory instruction asked by tbe appellant was refused by tbe court, and error is predicated upon tbe ruling of tbe court. It is believed there was error in refusing tbe requested instruction, for, according

to

tbe evidence, tbe death message was an interstate message sent from Rosedale, Miss., to Paris, Tex., and as such was interstate commerce.