Western Union Telegraph Co. v. Louisell
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by William H. Louisell against the Western Union Telegraph Company, for negligence in the transmission of a message. Judgment for plaintiff and defendant appeals. The amendment so called is no part of the record.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by William H. Louisell against the Western Union Telegraph Company, for negligence in the transmission of a message. Judgment for plaintiff and defendant appeals. The amendment so called is no part of the record. It was never allowed by the court. — Sec. 3331, Code 1896; Andrews-Stephens’s Pleading, sec. 114, and note 33, p. 530; 7 Bush. 474; 88 Ind. 223. The demurrer should have been sustained to the complaint. The paper was commercial in its strictest sense, and it is not averred that Mason was the owner at the…
1Opinion of the CourtMayfield, J.
The appellee brought suit in the lower court to recover damages for the negligence of the defendant telegraph company in erroneously transmitting a certain telegram, which was alleged to be in words and figures as follows: “Manistee, Alabama, May 17th, 1905. City Bank & Trust Company, Mobile, Alabama. Decline payment James J. Manson for two hundred fifty dollars unless advised further by me. William H. Louisell.” The negligence alleged was that the name of *234James J. Manson was erroneously changed in the telegram, as delivered, to James T. Mankson; and it was further alleged that, by reason of…
2Cases cited14 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Howton v. MathiasSupreme Court of Alabama · 1916
- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Pantaze v. WestAlabama Court of Appeals · 1913
- Walker v. BowlingSupreme Court of Alabama · 1954
15 more not listed; retrieve them via the Exa API.