Western Union Telegraph Co. v. Johnson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Robert Johnson against the Western Union Telegraph Company for damages from delay in delivery of a message. Plaintiff had judgment, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Robert Johnson against the Western Union Telegraph Company for damages from delay in delivery of a message. Plaintiff had judgment, and defendant appeals. Count 1 of the complaint, as amended, is as follows: “Plaintiff claims of defendant $2,000 damages, for that heretofore, to wit, on the 24th day of January, 1907, defendant was engaged in the business of receiving at Birmingham, Alabama, and transmitting to Yolande, Alabama, telegraphic messages for hire and reward; that on said day plaintiff delivered to the…
1Opinion of the CourtSimpson, J.
This action was brought by the. ap-
* pellee against the appellant for damages on account of delay in delivering a telegram. As originally filed, the complaint contained two counts, to which demurrers were sustained, and thereupon the plaintiff amended the first count, so as to claim 25 cents paid for the transmission of the telegram, but offered no. amendment to the second count; consequently the only count left before the court was the first count as amended. The demurrers were refiled to the complaint as amended; an amendment to the demurrer setting forth additional grounds having been…
2Cases cited1 opinion
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907