Western Union Telegragh Co. v. McMorris
Supreme Court of Alabama
Appeal from Gadsden City Court, Heard before Hon. John Disque. Action by B. Y. McMorris against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently .slated iu the opinion of the court.
Read the full summary
Appeal from Gadsden City Court, Heard before Hon. John Disque. Action by B. Y. McMorris against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently .slated iu the opinion of the court. To the folloAving counts demurrers Avere interposed and overruled: (4) “Plaintiff claims of defendant corporation the sum of .$1,950 for the breach of the following agreement made by plaintiff with defendant on, to wit, the 7th day of September, 1907, by the terms of Avliicli tlie defendant undertook to transmit and deliver Avithin a reasonable time…
1Opinion of the CourtDenson, J.
The appellee, as plaintiff in the court below, recovered of the appellant, Western Union Telegraph Company, a judgment in the sum of $300 for mental anguish alleged to have been suffered on account of breach of contract to promptly transmit and deliver a telegraphic message in the following words and figures: “Bock Springs, Ala. 9/7/1907. Mr. A. Kanter and P. C. Dennis, Clanton, Ala. Caldwell died last night. Will *570be down with remains this evening. Open grave on our lot. [Signed] B. Y. McMorris.” The principal facts of the case may be summarized as follows:
Plaintiff boarded a Louisville &…
2Cases cited20 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kmart Corp. v. KylesSupreme Court of Alabama · 1998
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Southern Metal Treating Co. v. GoodnerSupreme Court of Alabama · 1960
- Southern Railway Co. v. RoweSupreme Court of Alabama · 1915
11 more not listed; retrieve them via the Exa API.