Western Union Telegraph Co. v. Holland
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. A. H. Alston. Action by Lena Holland against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: (1 and 2) Affirmative charge with hypothesis. (B) No more than nominal damages. (4) Recovery cannot exceed 25 dents, the amount paid for the telegram.
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Appeal from Tuscaloosa County Court. Heard before Hon. A. H. Alston. Action by Lena Holland against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: (1 and 2) Affirmative charge with hypothesis. (B) No more than nominal damages. (4) Recovery cannot exceed 25 dents, the amount paid for the telegram. (5) They should not award plaintiff any damages because of mental suffering or anxiety or distress. (6) Same as 5. (7) There can be no recovery in this case of punitive…
1Per curiam
The case went to- the jury on the-first and second counts of the complaint as it was last amended. The first count contained averments . to the-effect: That the defendant, in consideration of the payment to it by or for the plaintiff of the price of the message, to wit, 25 cents, or of the liability incurred by the plaintiff to pay that price, undertook to transmit and deliver the following message which the plaintiff' delivered or caused to be delivered to it on the 22d day of February, 1913, at its office in Blocton, Ala..: “Bloc-ton, Alabama, 2/22/1913. To J. M. Holland, Keller-man,…
2Cases cited12 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Shelton v. StateSupreme Court of Alabama · 1905
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Airheart v. GreenSupreme Court of Alabama · 1958