Western Union Telegraph Co. v. Glover
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. 'Action by James Glover against the Western Union Telegraph Company, for breach of contract to deliver telegram. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County ; Dan A. Greene, Judge. 'Action by James Glover against the Western Union Telegraph Company, for breach of contract to deliver telegram. Judgment for plaintiff, and defendant appeals. The message was interstate, and plaintiff was not entitled to recover damages for mental anguish. 198 Ala. 682, 73 South. 973; 200 Ala. 65, 75 South. 393. The contract was not made with the defendant, but with the agents of the federal government. 250 U. S. 163, 39 Sup. Ct. 507, 63 L. Ed. 910, 4 A. L. R. 1623; Joint Resolution of Congress July 16, 1918, and…
1Opinion of the CourtSameord, J.
The plaintiff bases his claim upon an alleged contract made with the defendant, whereby it is alleged that on November 14, 1918, defendant accepted a message from plaintiff’s agent, at Selma, Ala., to be delivered to plaintiff at Birmingham, Ala., for hire, which message the defendant failed to promptly deliver, thereby breaching the contract and causing damage, etc. To the complaint as filed, defendant filed a plea in abatement, setting up the fact that on July 16, 1918 (U. S. Comp. St. Ann. Supp. 1919, § 3ll5%x), by joint resolution, the United States Congress authorized and empowered the…
2Cases cited12 opinions
- Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
- Hodgson v. DexterSupreme Court of the United States · 1803
- Vaughn v. StateAlabama Court of Appeals · 1919
- Commercial Cable Co. v. SameDistrict Court, S.D. New York · 1919
- Bateman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
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3Cited by5 opinions
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- Central of Georgia Railway Co. v. GwynesSupreme Court of Georgia · 1922
- Western Union Telegraph Co. v. PostonSupreme Court of the United States · 1921
- Taylor v. Western Union Telegraph Co.Missouri Court of Appeals · 1921
- Dessery v. Western Union Telegraph Co.Supreme Court of Kansas · 1920