Western Union Telegraph Co. v. Bennett
Alabama Court of Appeals
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. S'owell. Action by B. E. Bennett against the Western Union Telegraph Company for damages for negligence in the transmission of a death message. Judgment for plaintiff and defendant appeals. Mental suffering is not recoverable under the facts in this case. — W. ü.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. S'owell. Action by B. E. Bennett against the Western Union Telegraph Company for damages for negligence in the transmission of a death message. Judgment for plaintiff and defendant appeals. Mental suffering is not recoverable under the facts in this case. — W. ü. T. Co. v. Ayres, 131 Ala. 391; Same v. Haley,143 Ala. 586; Same v. Peagler, 163 Ala. 38; 15 L. B. A. (N. S.) 277; 19 L. B. A. (N. S.) 374; 54 S. W. 829; 41 S. W. 469; 30 S. W. 986; 30 S. W..298; 34 S. W. 649; 39 S. W. '798; 2 L. R. A. 766; 31 S. W. 493; 57 S. E. 757; 75…
1Opinion of the Court
de GRAFFENRIED, J.
This was a special action of trespass on the case which was brought by appellee against appellant for the alleged negligence of appel*277lant in the transmission of a. telegram, and by reason of which negligence it is alleged in the complaint the appellee was damaged. The appellee resides in Columbus, Miss., and on July 5, 1907, his family, consisted of himself, his wife, and three or four children of tender age, the youngest child being then only three or four months old. H. K. Caddell was the father of appellee’s wife, and on July 5, 1907, he resided at Winfield, Ala. On said…
2Cases cited5 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. CrockerSupreme Court of Alabama · 1902
- Western Union Telegraph Co. v. SnellAlabama Court of Appeals · 1911
- Western Union Telegraph. Co. v. SaundersSupreme Court of Alabama · 1909
3Cited by3 opinions
- Postal Telegraph-C. Co. v. NailAlabama Court of Appeals · 1914
- Western Union Telegraph Co. v. RussellAlabama Court of Appeals · 1912
- Western Union Telegraph Co. v. HollandAlabama Court of Appeals · 1914