Western Union Tel. Co. v. Baker
Alabama Court of Appeals
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by J. M. Baker, as administrator, against the Western Union Telegraph Company, for damages for failure to deliver a telegram. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by J. M. Baker, as administrator, against the Western Union Telegraph Company, for damages for failure to deliver a telegram. Judgment for the plaintiff, and the defendant appeals. The following charges were refused to the defendant: (X) I charge you that, if you believe from the evidence that the name “Bert Baker” was not in the city directory at the time that the message was received in Selma, then it was not the duty of the defendant to attempt to deliver the message to any of the other persons in said directory under the…
1Opinion of the Court
PER CURIAM.(1) 1. The first contention of appellant is that the court erred in overruling the demurrers to the fourth and sixth counts, for that said counts charge that the defendant willfully and wantonly failed to deliver the message in a reasonable time, without averment that the defendant knew that the probable consequence of the delay would result in injury. Without discussing the merits of this contention, it is only necessary to state that this point was not raised or called to the attention of the court by any of the grounds of demurrer.(2) 2. It is next insisted that the court below…
2Cases cited26 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
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3Cited by2 opinions
- Barnett v. StateAlabama Court of Appeals · 1917
- Postal Tel.-Cable Co. v. MinderhoutAlabama Court of Appeals · 1916