Manker v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from the Circuit- Court of Jefferson. Tried before the Hon. A. A. Coleman. The plaintiff was the sendee of a message which ivas sent to her by her brother, Frank Lash, telling her of the dying condition of her father, and summoning her to his bedside. There was evidence introduced on the part of the plaintiff tending to show that Frank Lash the sender of the; message ivas acting as agent of the plaintiff and for her bepefit.
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Appeal from the Circuit- Court of Jefferson. Tried before the Hon. A. A. Coleman. The plaintiff was the sendee of a message which ivas sent to her by her brother, Frank Lash, telling her of the dying condition of her father, and summoning her to his bedside. There was evidence introduced on the part of the plaintiff tending to show that Frank Lash the sender of the; message ivas acting as agent of the plaintiff and for her bepefit. The facts of the case and the substance of the portion of the court’s oral charge to which exceptions were reserved, are. sufficiently set forth in the opinion.…
1Opinion of the CourtDowdell, J.
This was an action by the sendee of a telegraphic message. The complaint contained four counts. A demurrer ivas sustained to the third and fourth counts for a failure to aver in said counts, that the sender of the'message acted as. the agent, or for the benefit of the plaintiff. The counts were then amended by averring the agency, after which the! demurrer being renewed, was overruled.
'The facts averred in the complaint set up a contract between the plaintiff and the defendant, and the plea ivas non-assumpist, and the issue was taken on this plea. Whether the alleged breach ivas willful or…
2Cases cited5 opinions
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Chipman, Calley & Co. v. Stern & Co.Supreme Court of Alabama · 1889
- Lucas v. Southern Railway Co.Supreme Court of Alabama · 1898
3Cited by12 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Western Union Tel. Co. v. HeathcoatSupreme Court of Alabama · 1907
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