Western Union Telegraph Co. v. Dunlap
Supreme Court of Alabama
Appeal from. Shelby Circuit Court. Action by Laura Dunlap against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff in the sum of $700, and defendant appeals. Counsel discuss the action of the court on the pleading, and in the refusal of charges requested,' citing authorities in support of their contention, but in view of the opinion it is not deemed necessary to here set them out.
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Appeal from. Shelby Circuit Court. Action by Laura Dunlap against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff in the sum of $700, and defendant appeals. Counsel discuss the action of the court on the pleading, and in the refusal of charges requested,' citing authorities in support of their contention, but in view of the opinion it is not deemed necessary to here set them out. They further insist that the verdict ivas excessive in view of the fact that no wantonness was charged or shown. — W. U. T. Go. v. North, 58 South. 299;…
1Opinion of the CourtMayfield, J.
— This action is in case, to recover damages on account of delay in the delivery of the following telegraphic message: “Jemison, Ala. Laura Dunlap, Wilsonville, Ala. Come at once for your father is almost dead. Ivan Langston.” The message was received at the sending office between 8 and 9 a. m., April 16, 1912, and reached the delivering office at 9 a. m., but was not delivered to the sendee until 1:20 or 1:30 p. m. of that day. The only possible negligence was this delay. In consequence thereof it was a question for the jury, under the proof, to say whether or not plaintiff would have, left…
2Cases cited2 opinions
- Central of Georgia Railway Co. v. SteversonAlabama Court of Appeals · 1911
- Western Union Telegraph Co. v. NorthSupreme Court of Alabama · 1912