Western Union Telegraph Co. v. Reed
Alabama Court of Appeals
Appeal from Montgomery Circuit Court. Heard before Hou. W. W. Pearson. Action by Prestiss B. Reed against tbe Western Union Telegraph Company, for damages for failure to correctly transmit a message. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hou. W. W. Pearson. Action by Prestiss B. Reed against tbe Western Union Telegraph Company, for damages for failure to correctly transmit a message. Judgment for plaintiff and defendant appeals. The court below erred in rendering judgment for the travelling expenses and lost time claimed by plaintiff as such damages were not the natural and proximate result of the breach of the contract, were not within the contemplation of the parties at the time the contract was made, as the probable result of the breach, and hence, not recoverable. — :…
1Opinion of the CourtWalker, P. J.
On July 19, 1910, the appellant ([the defendant below) received from the appellee’s agent at Montgomery, Ala., for transmission, a telegram in the following words, addressed to the appellee at Dadeville, Alabama: “I recommend Atlanta City bonds, nine thousand, paying four twenty-five net. Balance Savings Association, all nontaxable. If satisfactory, Avhere shall 1 mail certificate for your signature. H. C. Stockdell.” The message was changed in its transmission by the substitution of the word “Atlantic” for the Avord “Atlanta,” as it appeared in the message delivered for transmission, making…
2Cases cited12 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Southern Railway Co. v. ColemanSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
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3Cited by2 opinions
- Western Union Telegraph Co. v. Albertville Canning Co.Alabama Court of Appeals · 1912
- Western Union Telegraph Co. v. RussellAlabama Court of Appeals · 1912