Barbour v. Western Union Telegraph Co.

The insistence is that under counts 3 and 4 of the complaint a tort committed in Alabama is charged.

The former appeal is reported in 206 Ala. 129, 89 South. 299, 17 A. L. R. 103. If the suit message, for all purposes, was impressed with interstate character, the plaintiff can no more recover damages for mental anguish because of the alleged breach of duty to notify the sender of nondelivery, than for the breach of the initial duty to transmit and deliver (Western Union Tel. Co. v. Beasley, 205 Ala. 115, 87 South. 858; Western Union Tel. Co. v. Speight, 254 U. S. 17, 41 Sup. Ct. 11, 65 L. Ed.…