Western Union Telegraph Co. v. Hughston
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. M. M. Manning, Special Judge. Action by Gertrude Hugbston against tbe Western Union Telegraph Company for damages for failure to correctly transmit and deliver telegram. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals.
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Appeal from Talladega City Court. Heard before Hon. M. M. Manning, Special Judge. Action by Gertrude Hugbston against tbe Western Union Telegraph Company for damages for failure to correctly transmit and deliver telegram. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals. Tbe case made by tbe pleadings is that a sister of plaintiff, a Mrs. Keith, bad been suddenly killed at or near Shreveport, La., and that, plaintiff bad been informed thereof by telegram, whereupon she wired Arthur Keitb, her nephew, and tbe son of her deceased sister, as follows: “Can I get…
1Opinion of the CourtSomerville, J.
(1, 2) The refusal of the trial court, on defendant’s motion, to strike from the complaint allegations of damage for which the law allows no recovery, is not revieAvable error.—Dejarnette v. Dreyfus, 166 Ala. 138, 51 South. 932. Nor is a complaint containing such allegations subject to demurrer on that account.—B. S. Bank v. Rosenbaum, 137 Ala. 530, 34 South. 609. The assignments of error relating to these matters are Avithout merit.
*427(3) The plaintiff was permitted to show that after sending the message to the telegraph office by her son for transmission by the defendant to her nephew at…
2Cases cited4 opinions
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- DeJarnette v. DreyfusSupreme Court of Alabama · 1909
- Bessemer Savings Bank v. Rosenbaum Grocery Co.Supreme Court of Alabama · 1902
3Cited by3 opinions
- Gilliland v. HawkinsSupreme Court of Alabama · 1927
- Holley v. Florala Telephone Co.Supreme Court of Alabama · 1931
- Wilson v. StocksSupreme Court of Alabama · 1935