C. M. McMahen & Sons v. Western Union Telegraph & Cable Co.

Action for delay in delivering a telegram whereby plaintiff, appellant, claims to have lost the profit on the sale of a carload of potatoes. The telegram was received in Birmingham at 4:38 on Saturday afternoon. Plaintiff’s place of business was directly across the street from- defendant’s nearest branch office. Defendant had delivered telegrams to plaintiff at that place for many years. On Saturdays plaintiff’s place customarily closed about 4 o’clock. Defendant’s record, which had been kept by an employs who was not available at the trial, showed repeated unsuccessful efforts on Satturday…