Legal Opinion

Western Union Telegraph Co. v. Benson

Supreme Court of Alabama

Decided December 17, 1908PublishedCited by 57 opinions

Appeal from. Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by J. B. Benson against tbe Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The pleadings and tbe facts are sufficiently stated in tbe opinion of tbe court.

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Appeal from. Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by J. B. Benson against tbe Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The pleadings and tbe facts are sufficiently stated in tbe opinion of tbe court. Tbe following charges were requested by, and refused to, defendant: “(8) I charge you that you cannot find a verdict for plaintiff if you believe plaintiff’s evidence, and if you believe further that Bill Benson did not live within tbe free delivery limits of defendant’s Carbon Hill office.” “(15) I charge you that tbe burden…

1Opinion of the CourtDenson, J.

This is an action by the sender of a telegraphic message against the defendant, Western Union Telegraph Company, to recover damages for an alleged breach of the contract on its part in not promptly delivering ■ the message. George Benson, a man of family, who was residing about four miles from Nanvoo, in Walker county, Ala., was assassinated on the morning of July 2, 1906, while walking a foot log over the creek about a mile distant from his home. The plaintiff, his brother, was soon informed of the killing, and went immediately from his work, about 2% miles distant, to where the remains of…

2Cases cited30 opinions

  1. Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
  2. Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
  3. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
  4. Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
  5. Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899

25 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
  2. Julian v. WoolbertSupreme Court of Alabama · 1919
  3. Cairnes v. Hillman Drug Co.Supreme Court of Alabama · 1926
  4. Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1911
  5. Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910

52 more not listed; retrieve them via the Exa API.

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