Kennon v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichbel. This action was brought by the appellants, W. P. Kennon & Bro., against the Western Union Telegraph Company; and sought to recover damages for the failure'to deliver a telegram to the plaintiffs within a reasonable time from its sending.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichbel. This action was brought by the appellants, W. P. Kennon & Bro., against the Western Union Telegraph Company; and sought to recover damages for the failure'to deliver a telegram to the plaintiffs within a reasonable time from its sending. The facts, as alleged in the verified complaint, are, that, by agreement of the plaintiffs with Mohr, Honaman & Co., merchants in the city of New York, who were agents of the plaintiffs, the said Mohr, Honaman & Co. were to keep the plaintiffs posted as to the condition of the…
1Opinion of the CourtMcOLELLAN, J.
As we construe the-amended counts of the complaint, they each sufficiently aver that the plaintiffs through their agents in New York made a contract with the defendant to transmit a message from the agents to their principals at Salem, Alabama, with diligence, and dispatch for a reward then and there paid by the agents for the principals, and subsequently repaid by the latter to -the former; and that the defendant violated said contract in that it missent the message and failed to transmit and deliver it to plaintiffs for several days after it received the same for transmission and should…
2Cases cited3 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
3Cited by26 opinions
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Wefel v. StillmanSupreme Court of Alabama · 1907
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Western Railway v. ArnettSupreme Court of Alabama · 1902
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