Collins v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Hoard before Hon. Charles A. Senn. Action by appellant against appellee for failure to deliver telegram. The complaint and demurrers thereto are set out below. After the demurrers were overruled, issue was joined on the plea of the general issue.
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Appeal from Birmingham City Court. Hoard before Hon. Charles A. Senn. Action by appellant against appellee for failure to deliver telegram. The complaint and demurrers thereto are set out below. After the demurrers were overruled, issue was joined on the plea of the general issue. The complaint in this cause contained two counts, as follows: “(1) Plantiff claims of the defendant $1,500 as damages, for that heretofore, during the month of August, 1901, defendant was a common carrier of telegraphic messages, among other places, from Albertville, Ala., to Birmingham and to North Birmingham,…
1Opinion of the CourtWeakley, C. J.
This action was brought, not for a falure to transmit or deliver a telegraphic message, but the gravamen of the complaint is that the message which the plaintiff actually received Avas not promptly delivered. The plaintiff did not produce or account for the absence of the AAadtten message lodged AAÚth the defendant’s agent at Albertville, nor give notice to the defendant to produce that message, and the city court, being of opinion that the Avritten message prepared by the sender, plaintiff’s agent, and delivered to the defendant at AlbertAdlle, Avas to be deemed the original message, in the…
2Cases cited5 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. FatmanSupreme Court of Georgia · 1885
- Conyers v. Postal Telegraph Cable Co.Supreme Court of Georgia · 1893
3Cited by2 opinions
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907