Western Union Telegraph Co. v. Earnest
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. CURTIS. Action by W. B. Earnest against the Western Union Telegraph Company for damages for failure to deliver a telegram. Judgment for plaintiff, and defendant appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. CURTIS. Action by W. B. Earnest against the Western Union Telegraph Company for damages for failure to deliver a telegram. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The message was sent from defendant’s office at Corona, Ala., and was addressed to plaintiff at Foster’s Ferry, Ala., via Tuscaloosa, and the complaint alleges that defendant’s undertaking was to deliver message to plaintiff at Foster’s Ferry, Ala. It appears without dispute that plaintiff had no terminal…
1Opinion of the CourtSomerville, J.
The chief, and in fact the decisive, question in this case is, whether under the contract to deliver the message to plaintiff by special delivery at Foster’s Ferry, about nine miles from Tuscaloosa, defendant was liable for not delivering the message to plaintiff at his residence two miles away from the specified point of delivery.
The trial judge held that whether such a delivery was within the obligation of the contract depended upon a finding by the jury that plaintiff’s residence was within a reasonable distance of Foster’s Ferry; and the jury were so instructed.
We think this view of the…
2Cases cited6 opinions
- Western Union Telegraph Co. v. ByrdCourt of Appeals of Texas · 1904
- Western Union Telegraph Co. v. SwearingenTexas Supreme Court · 1902
- Western Union Telegraph Co. v. ShockleyCourt of Appeals of Texas · 1909
- Western Union Telegraph Co. v. M'CaulTennessee Supreme Court · 1905
- Western Union Telegraph Co. v. HarveySupreme Court of Kansas · 1903
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